• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
We have moved! Find out more and read our Covid-19 update.
Edinburgh 0131 202 7516
Glasgow 0141 404 0436
  • Home
  • Blog
  • About Us
  • Testimonials
  • Contact Us
  • Fees

Gibson Kerr

Personal, Family Law & Property

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

  • Divorce & Separation
    • Divorce in Scotland
    • Separation Agreements
    • International Divorce
    • Cohabitation Rights Scotland
    • Dissolution of Civil Partnerships in Scotland
    • How Can I Resolve My Divorce Dispute?
    • Fixed Fee Family Law Promotion
  • Prenups & Cohabitation
    • Cohabitation Agreements
    • Civil Partnership Agreements
    • Prenuptial Agreements
    • Postnuptial Agreements
  • Child Law
    • Child Residence & Contact Scotland
    • International Relocation of Children
    • Adoption
    • Child Abduction
    • Dispute Resolution Options
    • Hague Convention
    • Education Law
  • Wills & Estate Planning
    • Intestacy
    • Wills & Will Writing
    • Executries
    • Living Wills
    • Unmarried Couples’ Rights on Death
    • Claims on Inheritance by a “Common Law Spouse” (Cohabiting Partner)
    • Probate in Scotland
    • Power of Attorney
    • Guardianship Orders
    • Intervention Orders
    • Estate Planning
    • Cost of Care
    • Trusts
    • Foreign Estates with Assets in Scotland
    • What Happens When Someone Dies in Scotland?
    • Fixed Fee for Wills and Power of Attorney
  • Financial & Tax
    • Financial & Tax Planning
    • Inheritance Tax
    • Insurance Advice
    • Settlement Agreements
  • Residential Property
    • Properties for Sale
    • Buying Property
    • Selling Property
    • Videos: Buying and Selling Property
    • Joint Purchaser Agreements
    • Equity Release
    • Mortgage Advice
    • LBTT / Stamp Duty Scotland
    • Property Transfers
    • Home Reports
    • How to Present Your Property for Sale
    • Boundary Disputes Solicitors
Blog

31 Questions to Ask Your Divorce Lawyer

21st October 2015 Posted Under: Divorce

31 Questions to Ask Your Divorce Lawyer

Making the decision to file for divorce is never easy. We understand how daunting it can feel to have to approach a divorce lawyer to discuss formally ending your marriage. That’s why we’ve put together this list of 31 questions to ask your divorce lawyer.

See also: 7 Things You Need to Know About Divorce in Scotland

It’s important to note these questions and the information provided are just a general guide and do not constitute legal advice.

1. Will my divorce case have to go through the courts?

The thought of having to go to court on top of everything else you’re going through may seem like just too much. If issues can be resolved amicably between the parties, there’s usually no need for you to go to court although there may still be court proceedings.

2. As a mother, will I automatically get custody of my children? / As a father will my ex automatically get full custody of our children?

When there are children involved in a divorce, this is an important question to ask in order to put your mind at rest. There is not hard and fast rule, the best interests of the children will always be the paramount consideration for the court.

3. Do I have to get divorced in the same country we got married in?

Depending on your circumstances you may be eligible to file for divorce in a country other than the one you got married in. It’s important to note that divorce law differs between countries so your decision could affect your settlement.

4. What are your rates for working on divorce cases?

While cost shouldn’t be the overall deciding factor when choosing a divorce lawyer, it is important for you to get an idea of likely costs in advance so you can budget accordingly.

5. How will I be charged for your services?

It’s also important to know how you will be billed by your divorce lawyer. Will you only have to pay at the end of your case or be invoiced monthly for any work carried out? Or will you have to pay up front?

6. Roughly how long will my divorce take to go through?

Once your lawyer knows the basic facts of your case, they should be able to give you a rough idea of timescale from start to finish based on their experience.

7. Will I have one point of contact for my case throughout the process?

When you’re going through a divorce and paying for legal help, you don’t want the hassle of having to go over old ground and explain things to different people at different stages. Having one point of contact can make things so much easier.

8. Who will actually be working on my case and what are their qualifications?

If you choose a your divorce lawyer because you think they’ll do a good job based on your initial meeting, you’ll probably want to make sure it’s them you’ll actually be dealing with as your case progresses rather than another partner or member of the firm.

9. How much experience do you have in dealing with divorce cases?

Don’t be afraid to ask this question. If you have any doubts or concerns over how experienced your lawyer might be, then make sure you find out the facts to help put your mind at ease.

10. Do you take on Legal Aid divorce cases?

Before approaching a law firm, it’s a good idea to check your eligibility for legal aid. If you think you may be able to get it, then make sure you ask any firm you approach if they work with legal aid clients as not all lawyers do.

11. Does it make any difference if I get divorced in Scotland or England?

The divorce laws in England & Wales differ from those in Scotland so it’s advisable to check with your lawyer where you’re eligible to file for divorce and which set of laws may give you the best chance of the outcome you’re looking for.

12. Can you explain to me in simple terms how the process works step-by-step?

If you’ve never been divorced before, it will be helpful to get an idea of what to expect from the process so you can be prepared for it.

13. How often can I expect to hear from you with updates on my case?

Again, this question is definitely worth asking. For example you may not hear from your lawyer for what seems like long periods during your case, but that may only mean they don’t have any updates for you. If you’d like to have communication more frequently, you should be clear about this at the beginning.

14. Will I be charged for the time spent on the phone to you about my case?

Before entering into any relationship with a provider, it’s good to be clear on exactly what you will and won’t be charged for. For example, if you spend an hour on the phone every week to your divorce solicitor, you should expect to be charged for their time and expertise.

15. Will I get to see all the paperwork associated with my case if I ask for it?

Going through a divorce is a very personal thing and trusting someone to act on your behalf is a big decision. There’s no reason why a lawyer should be secretive about any aspect of your case and the paperwork should always be available if you’d like to see it for yourself.

16. Are there any steps I can take to keep my costs down?

Depending on the state of your relationship with your spouse, there may well be things the two of you can do to keep your legal bills down as much as possible. A good divorce lawyer will be forthcoming with this information.

17. Will I have to pay more in my divorce settlement if I caused the breakdown of the marriage through adultery or other means?

This is a common concern/misconception. Divorce settlements follow a legal framework and you won’t be awarded less because of infidelity for example.

18. What happens if my financial circumstances change after I file for divorce?

This is another question worth asking in order to set your mind at rest. For example, you may get a bonus at work or be made redundant, so it’s good to know where you’d stand if your financial circumstances did change significantly.

19. Do I actually need a divorce solicitor or can I do things myself?

If everything is extremely amicable between you and your (soon to be) ex-spouse, it may be possible for you to go through the divorce process without a lawyer, although this can depend on many factors.

20. How often will I need to come to your offices?

Juggling work, a family and a divorce can really takes its toll on people. If you’d prefer to work remotely with your lawyer, this is a question worth asking at your initial meeting.

21. Can I recover my divorce costs from my spouse?

This may be possible depending on a number of circumstances. If it’s something you wish to pursue, it’s worth asking the question for a tailored response.

22. Should I have any communication with my spouse during divorce proceedings?

There’s no hard and fast rule on this. In some divorce cases it can be beneficial, while in others it can be detrimental to the process. Your lawyer will be able to give you an answer based on your circumstances and their experience.

23. What can I expect if my case goes to court?

A good lawyer will have you well prepared on what to expect if your divorce case does have to go to court. Although they are likely to explore a number of different options for reaching a settlement before then.

24. Will I automatically get 50% of my spouse’s assets as a settlement?

Once your lawyer has the facts on your case, they will be able to give you an answer about the kind of settlement you may receive.

25. Do I actually have valid grounds for a divorce?

Divorce is a legal process that’s taken very seriously. There are qualifying criteria that need to be met before a divorce can go ahead.

26. Should I write a will / rewrite my current will now or wait until after my divorce is finalised?

With around 30 million adults in the UK not having a will in place, this is an important question to ask. Often people want to make a new will when they separate. While they are still married, their spouse can have claims on their estate, even if they’re separated.

27. How should I manage my finances during the case? Are there certain do’s and don’ts I should follow?

You should act fairly while your divorce is going through. Things such as spending jointly held savings on extravagant holidays would not be looked on favourably. It’s wise to ask this to get guidelines on what is and isn’t OK given the circumstances.

28. I don’t have the full picture regarding my spouse’s financial situation, are you able to help with this so I get a fair settlement?

There was a high profile case in the news recently where two women won a Supreme Court fight on the basis that their ex-husbands hadn’t declared their true worth at the time of divorce.

29. My spouse really doesn’t want to get divorced – what are my options?

Depending on your circumstances and which country you’re filing for divorce in, the answer to this question may differ.

30. What happens if we reconcile during the divorce proceedings? Can they be put on hold or cancelled?

If you’re asking this question at the start of your divorce proceedings, you may want to take a bit of extra time to think about whether a legal separation is really what you want.

31. How will our assets be valued so a settlement can be reached?

For your peace of mind you’ll want to know you’re getting a fair settlement. If you’re not sure about how your assets will be valued for this purpose, make sure you ask the question at the start of the process.

These questions will help make sure you go into your divorce case knowing what to expect in terms of timescales, costs and the legal processes.

If you’re looking for a divorce lawyer, contact Fiona using the details below.

Related

Top 5 tips for achieving an amicable divorce

Top 5 Tips for Achieving an Amicable Divorce

2nd December 2021

Are liferents matrimonial property

Are liferents matrimonial property for the purposes of divorce?

18th August 2021

Brexit and Divorce Law

Brexit and divorce law

15th July 2021

Primary Sidebar

Blog Categories

  • Careers in Law
  • Child Law
  • Divorce
  • Education Law
  • Elderly Care
  • Executries
  • Family Law
  • Financial & Tax
  • Guardianship
  • News
  • Personal Law
  • Power of Attorney
  • Prenuptial and Cohabitation Agreements
  • Property
  • Property Transfers
  • Separation
  • Trusts
  • Uncategorised
  • Wills

Latest posts

What is the difference between a living will and a lasting power of attorney?

29th June 2022

A week in the life of a law firm

21st June 2022

Five Jurisdictions Conference

7th June 2022

Footer

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

Locations

Edinburgh

Family Law, Personal Law
&
Property Law

6 Randolph Crescent
Edinburgh
EH3 7TH

t: 0131 202 7516
f: 0131 557 5215

e: edinburgh@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

Glasgow

Personal Law & Family Law

9 George Square
Glasgow
G2 1QQ

t: 0141 404 0436

e: glasgow@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

  • Family Law
  • Personal Law
  • Property Law
  • Home
  • Blog
  • Disclaimer
  • Cookie Policy
  • Privacy Policy
  • Legal Notice

© 2022 Gibson Kerr · Site by Kate Amann

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent. See our cookie policy.
Cookie SettingsReject AllAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-advertisement1 yearSet by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
CookieLawInfoConsent1 yearRecords the default button state of the corresponding category & the status of CCPA. It works only in coordination with the primary cookie.
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThe _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
_gat_gtag_UA_110715042_11 minuteSet by Google to distinguish users.
_gcl_au3 monthsProvided by Google Tag Manager to experiment advertisement efficiency of websites using their services.
_gid1 dayInstalled by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.
CONSENT2 yearsYouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
_fbp3 monthsThis cookie is set by Facebook to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising, after visiting the website.
fr3 monthsFacebook sets this cookie to show relevant advertisements to users by tracking user behaviour across the web, on sites that have Facebook pixel or Facebook social plugin.
IDE1 year 24 daysGoogle DoubleClick IDE cookies are used to store information about how the user uses the website to present them with relevant ads and according to the user profile.
test_cookie15 minutesThe test_cookie is set by doubleclick.net and is used to determine if the user's browser supports cookies.
VISITOR_INFO1_LIVE5 months 27 daysA cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
YSCsessionYSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.
yt-remote-connected-devicesneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt-remote-device-idneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
Powered by CookieYes Logo