The following excerpt is from Divorce in Arizona (Addicus Publishing 2015) by Marlene Pontrelli and Robert Schwartz.
Choosing the right attorney for your divorce is an important decision. Your attorney should be a trusted professional with whom you feel comfortable sharing information openly. He or she should be a person you can trust and someone who will be a zealous advocate for your interests. However, he or she also needs to be someone who will advise you of the pros and cons so you can make informed choices. However, making an appointment to discuss what is often very personal information can be difficult. Here is what you can expect at the initial consultation.
Sometimes attorneys will ask you to complete a questionnaire prior to the meeting. If they do not have you complete a questionnaire ahead of time, the first few minutes of the consultation will be used to obtain background information. With few exceptions, attorneys are required to keep confidential all information you provide.
The nature of the advice you get from an attorney in an initial consultation will depend upon whether you are still deciding whether you want a divorce, whether you are planning for a possible divorce in the future, or whether you are ready to file for divorce right away.
During the meeting, you will have an opportunity to provide the following information to the attorney:
- A brief history of the marriage
- Background information regarding yourself, your spouse, and your children
- Your immediate situation
- Your intentions and goals regarding your relationship with your spouse
- What information you are seeking from the attorney during the consultation
You can expect the attorney to identify the following information to you:
- The procedure for divorce in your state
- The issues important in your case
- A preliminary assessment of your rights and responsibilities under the law
- Background information regarding the firm
- Information about fees and filings
Although some questions may be impossible for the attorney to answer at the initial consultation because additional information or research is needed, the initial consultation is an opportunity for you to ask all of the questions you have at the time of the meeting. This is also an opportunity for you to determine whether the attorney is someone you will have confidence in representing you.
About the Authors:
Marlene Pontrelli is a Member in our Phoenix office. Marlene is a certified specialist in family law. Her practice focuses on all aspects of family law including dissolution, post-dissolution, paternity, child custody and child support matters. She is admitted to practice in California and Arizona. She is a member of the State Bar’s Family Law Practice and Procedure Committee and is a judge pro tem for the Superior Court of Maricopa County in family law. She has extensive trial and appellate experience including appearing before the Arizona Court of Appeals, Arizona Supreme Court and Ninth Circuit Court of Appeals.
Ms. Pontrelli has written several books, including as a co-author of the Divorce in Arizona book. She is a frequent lecturer in the area of family law and has conducted workshops throughout the country. Ms. Pontrelli is also an adjunct professor at The Sandra Day O’Connor School of Law at Arizona State University, where she teaches the family law class. Marlene may be reached in our Phoenix office at 602-285-5081.
Bob Schwartz is a Member in our Phoenix office. Bob has been practicing law for over 40 years, specializing in family law. He is a member of the American, Arizona and Maricopa County Bar Associations. He is admitted to practice in the federal courts of New York, Arizona, Ninth Circuit Court of Appeals, and the U.S. Supreme Court. Mr. Schwartz is a fellow of the American Academy of Matrimonial Lawyers and past president of the Arizona chapter. He serves as a judge pro tem for the Superior Court of Maricopa County in family court matters. He is a certified family law specialist by the State Bar of Arizona; is a frequent lecturer on family law and related matters; and, former member of the State Bar Family Law Advisory Commission. Mr. Schwartz has tried numerous complex business valuation cases as well as complex custody cases. He has testified as an expert in family law matters. Bob co-authored the Divorce in Arizona book. He may be reached in our Phoenix office at 602-285-5020.