Considering Divorce? Start with the Right Questions
Thinking about divorce can be overwhelming. Emotions are high, the future feels uncertain, and you’re probably wondering where to start. One of the most crucial steps in the process is finding the right divorce attorney — someone who understands the law respects your situation, listens to your needs, and works toward a resolution that protects your future.
In Staten Island, NY, choosing a divorce attorney isn’t just about who’s available — it’s about who’s right for you. Every case is different, and your attorney should be someone who makes you feel supported, not just legally, but emotionally too. The best way to find that person? Ask the right questions from the start.
Why Choosing the Right Divorce Attorney Matters
You wouldn’t pick a doctor without asking about their experience, right? The same should apply when hiring a divorce attorney. Divorce is a deeply personal process that can affect every part of your life — your children, your finances, your home, and your future. So, choosing someone who truly understands family law in Staten Island is key.
An experienced divorce attorney helps in ways you might not even realize:
- Protecting Your Interests: Whether negotiating child custody or fighting for a fair share of property, your lawyer is your advocate.
- Reducing Stress: Divorce is tough. A good attorney handles the paperwork, deadlines, and court appearances, so you don’t have to.
- Avoiding Mistakes: Legal missteps can cost money or time with your children. An experienced professional helps prevent those errors.
- Offering Strategic Advice: Every decision in divorce matters. Your lawyer should guide you through each one with clarity and strategy.
Remember, you’re not just hiring someone to file documents. You’re hiring someone to stand beside you during one of your life’s most emotionally and legally complex times.
Top Questions to Ask a Divorce Attorney Before You Hire Them
The consultation allows you to assess whether a lawyer is the right fit. Don’t hold back. The more you ask, the clearer your decision will be.
1. How long have you been practicing family law in Staten Island?
Experience in Staten Island courts matters more than you might think. A local attorney understands the unique aspects of the borough’s legal system — how judges typically rule, how fast (or slow) cases move, and the tone and expectations inside the courtroom.
Ask about years of practice and how many cases they’ve handled in Richmond County. A lawyer who knows the Staten Island legal environment can help you better anticipate outcomes and strategies.
2. Do you specialize in divorce cases or handle other areas of law too?
Some attorneys are generalists, while others focus solely on family law. A lawyer concentrating specifically on divorce cases will likely be more up-to-date on recent legal changes, court expectations, and negotiation tactics tailored to divorce.
This doesn’t mean a generalist is unqualified — but a specialist brings deeper insight, especially for complicated divorces involving assets, custody, or spousal support.
3. Have you handled cases similar to mine?
Your divorce is unique. Still, you want someone who’s seen cases like yours before. Whether you’re dealing with:
- A high-conflict custody situation
- Business ownership or complicated assets
- Domestic abuse or restraining orders
- A peaceful, uncontested divorce
Knowing your attorney has walked this path with other clients offers peace of mind. Don’t be shy about asking for examples (anonymized) of similar cases and how they were resolved.
4. What’s your approach to handling divorce cases?
Some divorce attorneys are aggressive and ready for trial. Others aim for peaceful settlements through mediation or collaborative divorce. Neither is better — it just depends on your needs.
Discuss whether they favor negotiating out of court or taking a case to trial. Ask how they adapt their approach depending on the personalities and dynamics involved. The goal is to find someone whose style aligns with how you want your divorce to proceed.
5. Who will be working on my case?
Sometimes, the attorney you meet at the consultation isn’t doing the bulk of the work. Larger firms may assign associates or paralegals to parts of your case.
Make sure you understand:
- Who will be your main point of contact?
- How often do you get updates?
- Whether the lead attorney will handle court appearances
You deserve clarity and consistency, not surprises.
6. How do you charge, and what’s your fee structure?
Divorce can be expensive, so don’t skip this question. Ask about:
- Hourly rates (and whether different staff have different rates)
- Retainers (how much is required upfront)
- Billing practices (are calls or emails billed in 15-minute increments?)
- Extra costs (such as court filing fees or expert witnesses)
Clear communication about money is essential to avoid feeling blindsided.
7. How long do you expect my divorce to take?
No lawyer can give an exact timeline, but experienced ones can offer a rough estimate based on similar cases. The timeline depends on:
- Whether your divorce is contested or uncontested
- Court availability in Staten Island
- How cooperative both parties are
Understanding the general timeline helps you plan emotionally and financially.
8. Can you walk me through the divorce process in New York?
The New York divorce process includes several stages: filing, discovery, temporary orders, negotiation or mediation, and (if necessary) trial. Your attorney should be able to break down each step in plain language so you’re never left guessing.
A lawyer willing to educate you, not just represent you, shows they truly care about your peace of mind.
9. What’s your communication style and response time?
Few things are more frustrating than an unresponsive lawyer. Ask:
- How quickly they respond to emails or calls
- Whether they prefer phone, email, or a client portal
- If you’ll get regular updates (weekly, bi-weekly, etc.)
A good divorce attorney keeps you informed without making you chase them down.
10. What should I do — or avoid doing — while my divorce is pending?
This question shows you’re proactive; a thoughtful attorney will give you valuable advice. Their answer might include:
- Avoiding social media posts that could be used against you
- Not moving out without a custody plan
- Keeping financial records organized
- Maintaining a civil tone with your spouse (especially in writing)
Sometimes, what you don’t do can be as important as what you do.
Additional Tips When Vetting a Divorce Attorney in Staten Island
Beyond the standard questions, here are a few insider tips to help you make a confident choice.
Look for Reviews and Referrals
Check online platforms like Google, Avvo, or Martindale-Hubbell for client reviews. Look for detailed feedback about communication style, professionalism, and outcomes, not just star ratings.
If possible, discreetly ask friends or colleagues who’ve gone through divorce who they’d recommend.
Schedule Multiple Consultations
Meeting with multiple attorneys is perfectly acceptable — and often smart. Each lawyer brings a unique perspective and approach. You’ll better understand who aligns with your values, communication style, and goals by comparing a few.
Watch for Red Flags
Trust your gut. Be cautious if:
- The attorney guarantees a specific outcome (no one can!)
- They seem uninterested or distracted
- They dodge your questions or rush the consultation
- Their fees are vague or confusing
A great lawyer will make you feel heard and supported, not pressured.
What Should You Bring to a Consultation?
Walking into your consultation prepared sets a strong tone. Bring:
- A list of your questions and goals
- Marriage certificate or legal paperwork
- Any prenuptial/postnuptial agreements
- Financial documents (bank statements, tax returns, assets/debts)
- Information about children (birth certificates, existing arrangements)
Even if the attorney doesn’t need everything immediately, this helps them understand your case fully.
Understanding Divorce Law in Staten Island, NY
Staten Island is unique in many ways, including how divorce cases unfold. Though governed by New York State law, the local court system and community dynamics influence how cases progress.
Grounds for Divorce
New York offers no-fault divorce, meaning neither party needs to prove wrongdoing. Most people file under “irretrievable breakdown of the marriage.” However, fault-based grounds like adultery or cruel treatment can still be used, often in cases involving custody or asset disputes.
Custody and Visitation
Courts focus on the child’s best interests. That includes:
- The emotional bond between parent and child
- The stability of each home environment
- Each parent’s ability to co-parent
Staten Island judges look closely at a parent’s conduct, especially during the divorce, so acting respectfully and cooperatively can make a difference.
Equitable Distribution of Assets
New York uses the equitable distribution model, meaning assets are divided fairly, not necessarily 50/50. The court considers:
- Income and property ethat ach spouse brought into the marriage
- Contributions as a homemaker or caregiver
- Future financial prospects
Real estate, retirement accounts, and even business interests may be on the table, so having a skilled attorney is crucial.
Spousal Support (Alimony)
Support may be temporary or permanent, depending on:
- The length of the marriage
- The earning abilities of both spouses
- Health, age, and childcare responsibilities
Judges follow guidelines, but they also use discretion. Your lawyer’s ability to present a compelling case can impact the final decision.
Mediation vs. Litigation
Mediation is often faster and less expensive than going to court. It works best when both parties are willing to compromise. But if emotions are high or abuse is involved, litigation may be necessary.
A skilled Staten Island divorce attorney will help you decide what’s best for your situation — and adjust their strategy as needed.
Final Thoughts Before You Choose a Divorce Attorney
Choosing the right divorce attorney in Staten Island isn’t just about credentials, comfort, communication, and connection. This person will guide you through a challenging time, so you need someone you can trust. The questions you ask early on can help you uncover their qualifications, values, personality, and approach to conflict.
Take your time. Compare options. And don’t be afraid to listen to your gut. The right attorney will know the law and help you feel stronger, more in control, and better prepared for whatever comes next.
A successful divorce case isn’t just about winning. It’s about healing, moving forward, and building a secure future. The attorney you choose plays a major role in that. So choose wisely — and don’t settle for less than support, honesty, and expertise.
Staten Island Divorce Attorney – Soren Law Group
Divorce isn’t easy, and having the right legal support can make a big difference. At Soren Law Group, we focus on helping people in Staten Island with all kinds of family law issues — from divorce and child custody to paternity and prenuptial agreements. We know every family is different, so we take the time to listen, understand your situation, and guide you through the process step by step.
Whether you’re going to court or trying to settle things through mediation, our goal is to make things less stressful and help you get the best outcome possible. If you need a divorce attorney who’s experienced, easy to talk to, and ready to stand by your side, give us a call at (718) 815-4500. We’re here when you’re ready to take the next step.
Frequently Asked Questions About Hiring a Divorce Attorney in Staten Island
What should I expect during the initial consultation with a divorce attorney?
During your initial consultation, you’ll have the chance to discuss your situation, your family background, and the main issues you face. This is a good time to ask about their experience with divorce cases, especially if you’re dealing with complex issues like division of assets, parenting plans, or spousal support.
The divorce lawyer will ask questions to understand your case better, including financial details, whether it’s a Contested Divorce or Uncontested Divorce, and if children are involved. They’ll explain the general steps of the divorce proceedings, potential timelines, and what kind of legal documents you’ll need, such as a divorce petition or settlement agreement.
This meeting helps you see if the attorney-client relationship is a good fit. Be prepared with questions about their hourly rate, how they handle communication with clients, and whether they have experience in divorce law specific to Staten Island.
What are the differences between legal, physical, and sole custody?
Legal custody gives a parent the right to make important decisions about the child’s life — education, healthcare, religion, and more. On the other hand, physical custody refers to where the child lives. In many child custody matters one parent may have sole custody (both legal and physical), or the parents might share joint custody.
A child custody lawsuit usually arises during divorce proceedings, especially when there’s disagreement over parenting roles. Courts in Staten Island base decisions on the child’s best interests, considering both parents’ ability to meet the child’s needs.
Factors like a child custody evaluation report, stability of the family residence, and the child’s preference (in some cases) all play roles in final decisions. Your family law attorney can help you understand how custody will be handled, especially if child support agreements or complex issues are tied to your case.
How much does it cost to hire a divorce attorney in Staten Island?
The cost of divorce varies widely, especially based on the attorney’s hourly rate, the complexity of your case, and whether it’s a Contested or Uncontested Divorce. Most divorce lawyers in Staten Island charge an hourly rate between $250 to $450, depending on their experience.
Other costs include:
- Attorney fees for document preparation and court appearances
- Court filing fees (to submit your divorce papers)
- Fees for financial experts or child support representation, if needed
- Costs related to divorce mediation or evaluations for child custody issues
A simple, uncontested divorce with no children or major property division may cost a few thousand dollars. In contrast, complex asset disputes or disagreements over parental rights can push the total divorce cost much higher.
Always ask for a cost breakdown during your initial interview to understand what you’ll pay and what’s included in your divorce settlement strategy.
What is collaborative divorce, and how does it differ from traditional divorce?
Collaborative divorce is an alternative to courtroom litigation, where spouses and their divorce attorneys work together to reach a fair settlement. It’s designed for couples seeking an amicable divorce, often focusing on preserving family relationships and lowering financial costs.
Key differences include:
- No court appearances unless necessary
- Transparent exchange of financial info and legal advice
- Participation of neutral experts for financial matters or child custody arrangements
- A written agreement not to go to court — if it fails, you must hire new attorneys
This method is ideal for those who want to avoid traditional litigation’s emotional and financial stress. It often results in faster resolutions and a divorce agreement that better reflects both parties’ needs.
Your approach to divorce will determine if collaboration works. If there’s open communication and shared goals, this process can lead to a smoother divorce settlement agreement with less damage to your family structure.
What are marital assets, and how is property divided in a divorce?
Marital assets include anything acquired during the marriage — income, homes, cars, savings, retirement accounts, and sometimes even debt. In Staten Island and the rest of New York, the law follows equitable distribution, not 50/50 splits. That means the division of property is based on fairness, not equality.
Factors the court may consider in property division include:
- Each spouse’s financial situation
- Contributions to the marriage (including as a homemaker)
- Length of the marriage
- Who stays in the family residence
- Existence of separate property
Separate property — like assets owned before marriage or inherited during marriage — is usually excluded from division. But things get tricky when separate property is mixed with joint assets or used to pay for shared expenses.
Your family law specialist or experienced attorney will help you identify and value all assets and build a strong case to secure your rightful share in the final divorce settlement.
How can a family law attorney help with child support and custody disputes?
A family law attorney is critical in resolving child custody issues and creating child support agreements that work for both parties. In joint custody, sole custody, or even temporary arrangements, your lawyer helps protect your parental rights.
They can:
- Represent you in court or during Divorce Mediation
- Help create or challenge a parenting plan
- Assist in determining appropriate child support payments
- Advocate for your side during a child custody evaluation report
If you’re worried about unfair demands or want guidance on modifying an existing agreement, child support lawyers can also help. They make sure that your legal documents are in order, deadlines are met, and your child’s best interests are the focus of any legal process.
With knowledgeable divorce attorneys, you’ll have someone who understands family law matters and keeps your children’s future secure.
Read: What to Look for in a Divorce Attorney: Experience, Strategy, and Fit
