Key Considerations When Consulting a New Jersey Family Law Attorney

If you are faced with a family law case in the Superior Court of New Jersey, you should consult with a lawyer to discuss your case and potential representation. When preparing for a family law consultation, it’s crucial to maximize your time with your attorney and be prepared to ask any and all questions that you may have. This blog explores some key topics that you should discuss with a lawyer during your initial consultation.

About the Attorney and Their Practice:

Experience and Expertise:

• “How long have you been practicing family law?”
• “What percentage of your practice is dedicated to family law?”
• “What is your educational and employment background in family law?”
• “Do you have experience with cases similar to mine?”
• “How often do you practice in the County in which my case is being heard?”
• “How many attorneys work for your firm in the family law department?”

Case Approach and Communication:

• “What is your general approach to family law cases?”
• “How often will I receive updates on my case?”
• “How do you prefer to communicate with clients?” (e.g., phone calls, emails, in- person meeting, video calls, etc.)
• “Who will be primarily handling my case?”
• “Do you have the support staff and team to handle my case?”

Fees and Costs:

• “What is your hourly rate?”
• “What is your retainer fee, and how does it work?”
• “What other costs should I anticipate?” (e.g., court fees, expert witness fees)
• “How often will I receive invoices?”

About Your Specific Case:

Initial Assessment:

• You should be prepared to provide your prospective attorney with as much background information and documentation as possible at your initial meeting.
• You should also be prepared to ask the attorney for an assessment of the range of potential outcomes in your case, if it were decided by a Judge.
• “What are the strengths and weaknesses of my case?”
• “What are my legal rights and obligations?”

Process and Timeline:

• “What is the process for a case like mine?”
• “What is the estimated timeline for my case from start to finish?”
• “What documents and information will I need to provide to allow you to advance my positions to the Court?”

Specific Issues (Depending on Your Situation):

• Divorce:
  • “How are assets and liabilities typically divided in New Jersey?” or “What is equitable distribution?”
  • “What are the factors that determine alimony?”
• Child Custody and Support:
  • “What are the different types of child custody arrangements?””What factors does the court consider when
  • determining child custody?”“What does the court consider in setting forth a parenting time schedule?”
  • “How is child support calculated in New Jersey?”
• Modifications:
  • “Under what circumstances can child support or custody/parenting time orders be modified?”
  • “What evidence is required to modify an existing court order?”
• Domestic Violence:
  • “What are my options if I am the victim of domestic violence?”
  • “How do I defend against a claim that I have committed an act of domestic violence?”
  • “Could a Final Restraining Order in New Jersey have consequences on child custody and parenting time?”
  • “What are the ramifications of a Final Restraining Order?”
• Prenuptial Agreements:
  • “What are the benefits and drawbacks of a prenuptial/postnuptial agreement?”
  • “How can I ensure the agreement is legally valid?”
  • “What documents and information do you need from me and/or my spouse to prepare a prenuptial agreement?”

Important Considerations:

• Be Prepared: Bring relevant documents and a list of your questions. Often times you will forget to ask questions during the consultation if you do not write them down ahead of time.
• Be Honest and Open: Provide accurate and complete information to your attorney. Your attorney’s advice will only be as good as the information you provide him or her.
• Take Notes: Keep a record of the information you receive and any deadlines that may be upcoming.
• Trust Your Gut: Choose an attorney you feel comfortable with and who understands your needs. When you hire an attorney, you are entering into a potentially long-term relationship that will last the duration of your case. You should trust the attorney you decide to retain to handle your matter from start to finish.

By asking these questions, you can gain a better understanding of your legal situation and make an informed decision about hiring an attorney. If you have any questions about this blog, please contact me directly.