Your First Divorce Consultation: Questions, Documents, Fees

What should I ask during my first divorce attorney consultation?

Ask how the lawyer sees your case, what your options are, and what will drive the time and cost. Those three answers tell you most of what you need to decide.

• What are the main issues in my case under Texas law?
• Which route fits: an agreed divorce, mediation, collaborative law, or court?
• What do I need temporary orders for, if anything?
• What will make this case more or less expensive?
• How does the retainer work, and how often will I get a bill?
• Who will handle my file day to day, and how quickly do you respond?
• What should I do, and avoid, until the case is filed?

What documents should I bring when meeting a divorce attorney?

Bring the documents that show what you earn, what you own, and what you owe. The lawyer can give better advice when the numbers are on the table.

• Federal tax returns for the last few years and recent pay stubs.
• Bank, investment, and retirement account statements.
• Mortgage, car loan, and credit card statements.
• Business records if either spouse owns a business.
• Any prenuptial or postnuptial agreement.
• Any existing court orders, such as a prior custody or support order.
• A short timeline of the marriage and your questions in writing.

Copy only records you have a lawful right to access. If you cannot get something, come anyway; documents can be requested in the case.

If children are involved, a short note on the current routine helps: who takes them to school, who handles medical visits, and what schedule the family follows now. Custody questions turn on the children's best interest, and the daily routine is part of that picture.

Do I really need an attorney if my spouse already hired one?

You are not legally required to hire a lawyer, but your spouse's lawyer represents only your spouse. That lawyer cannot give you advice, even when the divorce seems friendly and the lawyer is polite to you.

The papers that lawyer drafts will be written to protect your spouse. Terms about retirement accounts, the house, debts, and the children's schedule can look simple and still leave you exposed later. A final decree is very hard to change once it is signed.

At a minimum, have your own lawyer review any agreement before you sign it. If the case is agreed, that review can be limited in scope. See uncontested divorce.

Can I speak to a divorce lawyer without my spouse finding out?

Yes. What you tell a lawyer in a consultation is confidential, and the lawyer will not contact your spouse.

The risks come from your own devices. Use a phone and email account your spouse cannot open, clear shared calendars of the appointment, and keep notes somewhere private. Meetings at the office or by Zoom from a private place both work. Call 214-599-2020 or use the contact form.

Can I hire a divorce lawyer just for legal advice?

Yes. A consultation is itself legal advice, and some people hire a lawyer only to explain their rights or to review an agreement their spouse proposed.

Texas ethics rules let a lawyer limit the scope of the work when the client agrees to it in advance. The limits should be written down so both of you know what the lawyer will and will not do. If the case later becomes contested, a limited role may no longer be enough.

Can a lawyer give me a realistic estimate of total divorce costs?

A lawyer can give a realistic range once they know the facts, but not a fixed total, because the cost depends on choices the other spouse makes too. Be cautious of any firm price for a case that is not yet agreed.

The estimate turns on the issues in dispute, the amount of discovery, whether experts are needed, the number of hearings, and whether the case settles. Some parts are set by law: a Texas divorce cannot be granted before the 60th day after filing, apart from narrow family violence exceptions (Texas Family Code § 6.702), and filing fees are set by law and the county.

John explains at the consultation what will drive the cost in your case. See consultations and fees. .

What happens to my retainer if my divorce settles quickly?

The part of the retainer that has not been earned is refunded to you. Texas ethics rules require a lawyer to return unearned advance fees when the work ends.

A retainer is a deposit the lawyer bills against, and its size depends on the expected work. There is no standard Texas amount. Your fee agreement should say how billing works, whether the retainer must be topped up, and how a refund is handled.

A quick settlement is usually the least expensive outcome for everyone. Reading each statement as it arrives helps you see where the time goes and ask questions early.

What if I'm unhappy with my current family lawyer?

Raise the problem with your lawyer first, and if it is not fixed, you can change lawyers at any stage of the case. Many complaints are about communication and can be solved with one direct conversation.

If you change, the new lawyer substitutes into the case, or the former lawyer asks the court for permission to withdraw (Texas Rule of Civil Procedure 10). Your file goes to the new lawyer. A second opinion from another family lawyer can help you decide.