In 2015, Netflix debuted a documentary called "Divorce Corp," shedding light on the concerning realities of abuse, collusion, and corruption within the Family Court System. This documentary prompts an important question: How can individuals safeguard themselves in such a system? Determining whether the lawyer you've enlisted is aligned with the interests of justice can be a pivotal concern.
Consider the following list of the top 10 questions to ask when interviewing a divorce lawyer. These inquiries are designed to assist you in evaluating whether your choice is the most suitable fit for your circumstances.

1. Ask: “On average, what percentage of your cases go to trial?”

If the response is above 20%, be wary! That would be a sign of a litigious lawyer who is only interested in amassing the billable hours and isn’t interested in helping you and your spouse reach a settlement.

2. Ask: “Will you or a representative from your office assist me in creating an accurate financial affidavit?”

The answer should be a definite “yes!” All your settlement negotiations and conversations regarding child support and any claims for maintenance will be based on the financial affidavit. Are you certain that your budget is correct? Have you forgotten to budget for expenses that you’re not used to incurring? Is your budget designed to account for current costs or those incurred after your divorce?

3. Ask: “Will you verify the accuracy of my spouse’s financial affidavit?”
I’ve discovered that few lawyers will check your spouse’s affidavit for mistakes. Tax withholding is almost always still calculated as “Married” when it should be “Single.” I’ve noticed errors in the social security calculations, as well as many expenses that are double-counted. Your case may suffer greatly if no one is looking for these things.

4. If you have been a stay-at-home spouse then ASK, “How soon should I expect to return to work and what will the earning expectations be?”

This is a huge deal! No matter what your experience is, if you’ve been a stay-at-home parent for five years or more your skills are probably outdated. If a lawyer tries to convince you that you might receive maintenance for a period of five years or more, he or she is probably just saying what you want to hear in order to build a big fat case file when you allow them to battle for an unrealistic settlement.

5. Ask: “Will there be an opportunity for my spouse and I to attempt to negotiate a settlement?”

Many lawyers, from my perspective, don’t give you an opportunity to have a settlement negotiation meeting, instead they send written offers back and forth between you and the lawyer for your spouse. Why? Because they can charge for all the document write-ups and responses. Just think how effective it would be if you could meet with your attorneys and actually discuss each topic! Ask if your attorney would agree to this.

6. Ask: “I want to bring in a Certified Divorce Financial Analyst® to assist me have a better understanding of the kind of settlement I should aim for, is that okay?”

Again, be wary if the response to this is anything other than “yes!” Why wouldn’t an attorney want you to have access to all the information you need to make good decisions? If your attorney doesn’t know anything about a CDFA® Certified Divorce Financial Analyst® don’t be surprised. Attorneys fiercely guard their billable hours and have little interest in diving into the specifics of your case’s finances. Additionally, since they lack financial expertise, they will be compelled to choose a 50/50 share of everything even if it might not be in the best interest of the couple. The two of you might save thousands of dollars in taxes and legal costs by using a CDFA®.

7. Ask: “I think my spouse may be hiding assets. How will you be sure we know about everything?”

They should answer with assurance that they will review several years’ worth of tax returns and bank statements to check for any irregularities. However, a forensic accountant or CDFA® can perform the in-depth work to fully know for sure if assets are being hidden or diverted.

8. Ask: “My spouse owns a business and says it’s not worth anything, but we live on over $100,000 per year. How will we, as well as the judge, be able to determine the genuine worth of the company?”

The response should be that in order to determine the business’ fair market value a formal business valuation should be requested. Also, a lifestyle study should be conducted to arrive at a more precise assessment about annual income. I’ve never known an attorney to do these in house. To provide evidence of an annual income they should be bringing in a CDFA®.

9. Ask: “I don’t have enough equity to refinance, but I want to keep the house. What options do I have?”

In my experience, most attorneys will say you have two options, either refinance the home or sell. And, some will say you can keep the house if your spouse will allow you to keep their name on the mortgage. I’ve never heard them suggest other options. Here are a few that a CDFA® can help you explore.
 

1) Continue to jointly own the home for a number of years (usually three to five) then sell or refinance it and divide the proceeds.
 

2) Continue to own the home jointly for a number of years, (again, usually three to five) but the partner who isn’t residing there would get other assets in place of the equity share. To safeguard their credit, a clause might be added stating that you must show proof of mortgage payments each month and that the house must be sold if the mortgage is ever more than 30 days past due.

3) Continue to own the house jointly and rent it out. A CDFA™ can help with the terms of such an arrangement.

10. Ask: “We only have 401(k) account assets, yet I need money to put a down payment on a home. How can I obtain the cash?”

This one can be tricky, but a CDFA® can help you find a creative solution. One does, however, need to have obtained, read, and understand the participant spouse’s 401(k) plan document. ERISA rules provide for a ONE-time opportunity to remove cash with no penalties. The amount is taxed as ordinary income but there would be no early withdrawal penalty. However, a carefully crafted QDRO could allow for multiple withdrawals with no penalty (if your case deemed that appropriate). Most attorneys are unaware of this type of creative solution.

Pose these questions to the attorney you are contemplating hiring. Through this process, you'll ultimately discover the right fit for you and your unique situation!