When selecting the attorney who will handle your divorce, it is important that you ask questions
to make an informed decision. Remember, this is the person who will guide you through the end
of your marriage, and help you shape the rest of your life. It’s critical when interviewing and hiring a divorce attorney that you find someone who will be a good fit for you and will help you set reasonable
goals and put in the hard work to achieve them.
Here are some things to consider and questions to ask as you interview attorneys in preparation for your divorce:
1. Is Family Law Your Specialty?
When hiring a divorce attorney, you want to ensure that you will be working with someone
who really knows and understands the divorce process. The law is much like medicine—you want someone who is an expert in the area that needs help. To get the best outcome in your
divorce, you want someone who knows the specifics and nuances of divorce. Not only will
having an expert be helpful in navigating the process, but it will also bolster your position with the
attorney representing your spouse. As with any profession, family law practitioners know each
other. Retaining an attorney outside of that circle could send a message that your attorney is out
of their depth, which could hurt you in negotiations and in the final resolution of your case.
2. What Counties Do You Practice In?
Just like you want an attorney who knows the ins and outs of the area of family law, you also
want someone knowledgeable about the specific procedures in your particular county. Just like
every state has different practices and procedures, and so does every county. For instance, if you hire a Chicago area attorney who regularly practices in Cook County, do they also practice in DuPage County?, You want an attorney who knows how to handle a divorce case in your county specifically to be sure that every “i” is dotted, and every “t” is crossed. This will save you time and help you avoid costly mistakes.
3. What Divorce Options Do You Offer?
It’s important to know that, in addition to hiring a divorce attorney, you should also consider the
attorney’s representation style and whether that comports with how you want to pursue your
case. Some attorneys pride themselves on having a “bulldog” attitude and promote an aggressive
demeanor both in and out of court that can win arguments but can also drive up conflict. Other
attorneys focus their energy on conflict resolution. Some are a combination of both styles.
When looking at the style of representation, you should also consider the process you want to
utilize for your divorce. The three most prominent options are litigation, collaborative divorce,
and mediation.
If you are looking for options that are less contentious, conflicted, and potentially less expensive,
it is wise to investigate attorneys who are also trained and experienced in the areas of collaborative divorce and/or mediation. While neither is as common as litigation, both continue
to grow and expand as more people seek out options meant to reduce tension and increase
communication.
Litigation
This is the most traditional form of facilitating a divorce. It generally involves a judge, two
opposing attorneys, an attorney representing the children (if any/if necessary), and generally
includes extensive negotiation, multiple court dates, and can also include hearings and even trial.
In general, litigation is the longest and most expensive option, both because of due process and a
generally backlogged, overburdened judicial system that has to accommodate the schedules of
two to three lawyers, at minimum. Litigation is generally the best option for people with strongly
opposing positions who do not believe that they can work out an agreement between themselves.
It is also sometimes the only option for people who have a relationship that is so contentious that they
really cannot communicate or collaborate. And it is the only option for people who truly need a
third party to make decisions for them, which for some spouses is the only way to reach a
resolution they can live with.
Collaborative Divorce
This process is a newer form of divorce facilitation, but it has many dedicated practitioners who
appreciate having an alternative to traditional litigation. Collaborative divorce is an excellent
option for couples who are still able to communicate and wish to work through the details of
their divorce in the spirit of cooperation rather than taking sides.
A team that includes a divorce coach (or two) to offer mental and emotional support, as well as a financial expert, a child expert, and other professionals who can help the parties best understand the implications of their decisions as the parties divide their lives, facilitates collaborative divorce in addition to the attorneys. While the process can be expensive, especially upfront, it is the most holistic approach to divorce and has the potential to save both parties money in the long run. As opposed to the secrecy and gamesmanship of litigation, collaborative divorce facilitates the sharing of information within the entire team, and between spouses. It also seeks to provide support to the parties to help them work through opposing positions and other difficulties, with the ultimate goal of keeping things amicable both during and after the divorce.
Mediation
Like collaborative divorce, mediation is an excellent option for spouses who are looking to
discuss their issues in a less confrontational setting with the ultimate goal of reaching an agreement that
meets the needs of both parties. It is the least expensive option, as the parties can mediate with or
without attorneys present to lower their costs. It also presents the fastest way to reach an
agreement, as it cuts down on the back and forth between attorneys as well as waits for judicial
input at pre-trial conferences and hearings. However, it is important to know that a mediator, even
though he or she may be trained and licensed as an attorney, the mediator serves in a different role and
should not be drafting your judgments or finalizing your divorce in court. And while a mediator can
guide you through the divorce process and legal requirements therein, they cannot give either
participant legal advice or recommendations. Ideally, parties should retain their own attorney in addition
to participating in mediation to ensure that they get the information and recommendations that an
attorney has to offer.
Seek Advice from Experienced Divorce Attorneys in Chicago
The legal team at Anderson Boback & Marshall includes experienced litigators, collaborative divorce
practitioners, and trained mediators who can help you identify and understand your options as
you move forward with divorce. If you’re thinking about hiring a divorce attorney in Chicago, contact Anderson Boback & Marshall today.
