First Attorney Consultation Checklist
Make the most of your initial consultation with a divorce attorney. Come prepared with the right documents, questions, and information to get clear guidance on your situation.
Checklist
Write a one-page summary covering: when and where you married, names and ages of children, both spouses' employment and income, major assets and debts, the reason for the divorce, and any urgent concerns (safety, finances). This helps the attorney quickly understand your situation and provide relevant advice.
Write down your top questions before the consultation. Common questions include: How long will the divorce take? What are the likely outcomes for custody and property division? What will it cost? Should I consider mediation or collaborative divorce? Am I entitled to spousal support? Having questions written down ensures you cover everything during the limited consultation time.
Bring a general overview of your financial situation: household income, major assets (home, retirement accounts, investments), significant debts, and monthly expenses. You do not need detailed statements for the first consultation, but the attorney needs a financial picture to provide meaningful advice.
If you have a prenuptial or postnuptial agreement, bring a copy to the consultation. The attorney needs to review it to advise you on its enforceability and impact on your divorce. If you cannot locate the original, bring any copy you have.
If you have children, be prepared to discuss their ages, schools, special needs, current living arrangements, and each parent's involvement in daily care. This allows the attorney to advise on likely custody outcomes and parenting plan considerations.
If there is domestic violence, substance abuse, threats, dissipation of assets, or other urgent issues, raise these immediately. The attorney may recommend emergency protective orders, temporary restraining orders, or other immediate legal action to protect you, your children, or marital assets.
Ask how many divorces the attorney has handled, their experience with cases similar to yours, their approach to settlement vs. litigation, their fee structure and billing practices, and who in the firm will handle your case day-to-day. You are interviewing them as much as they are assessing your case.
Ask about the retainer amount, hourly rate, billing increments, estimated total cost, and what expenses are billed separately (filing fees, expert witnesses, court reporters). Get the fee agreement in writing. Understand the difference between the retainer and the estimated total cost — they are usually not the same.
Tips
- 💡Arrive a few minutes early and bring a notebook to take notes. The consultation will cover a lot of information and you will want to review your notes later when making decisions.
- 💡Be completely honest with the attorney, even about things that are unflattering or embarrassing. Attorney-client privilege protects your communications, and your attorney can only help you if they know the full picture.
- 💡Consult with two or three attorneys before choosing one. This gives you different perspectives on your case and helps you find the right fit in terms of personality, approach, and cost.
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Common questions about this checklist
Many divorce attorneys offer a free initial consultation of 30 minutes, while others charge a consultation fee (typically $100 to $300). Even paid consultations are worthwhile because you receive personalized legal advice about your specific situation. Ask about the fee when scheduling the appointment so there are no surprises.
Options include legal aid organizations (which provide free or low-cost services based on income), law school clinics, bar association referral programs, unbundled legal services (hiring an attorney for specific tasks rather than full representation), and self-help resources from your court. Some attorneys also offer payment plans. Do not let cost prevent you from at least getting an initial consultation.