6 Questions to Ask a Family Law Attorney Before Your Case Begins

ByLily James

Before a family law case begins, ask your attorney about the type of case you are facing, realistic outcomes, required financial information, legal fees, important evidence, and what you should do before filing. These questions can help you understand the process, avoid mistakes, and prepare for decisions that may affect your finances, parenting arrangements, and daily life.

Boston family-law cases can involve divorce, custody, child support, alimony, property division, abuse-prevention orders, or enforcement of an existing order. Massachusetts courts handle these matters through the Probate and Family Court system. Speaking with a Boston family law attorney can help you understand which issues apply to your situation.

Below are six questions you should never hesitate to ask a family law attorney before your case begins.

1. What Type of Case Am I Facing?

Start by asking what legal process actually applies. Your matter could involve:

  • Divorce or separate support
  • Custody or parenting time
  • Child support or alimony
  • Property division
  • Enforcement or contempt
  • Modification of an existing judgment
  • An abuse-prevention or restraining order

Ask which court will handle the case, what must be filed first, whether temporary orders may be needed, and whether mediation is realistic. Different proceedings have different requirements and available remedies.

2. What Outcome Is Realistic?

A lawyer should explain possible outcomes without promising a particular result. Discuss issues such as parenting schedules, legal custody, support, division of the home, retirement accounts, businesses, debts, insurance, taxes, and relocation.

Under Massachusetts General Laws chapter 208, § 28, courts can make orders involving children’s care, custody, maintenance, education, and health insurance. Child support is generally guided by Massachusetts Child Support Guidelines.

3. What Financial Information Should I Gather?

Financial disclosure can be a major part of a family case. Ask exactly what your attorney needs and organize documents before the case progresses.

Gather:

  • Pay stubs and tax returns
  • Bank and investment statements
  • Retirement account records
  • Mortgage and loan documents
  • Credit card statements
  • Business records
  • Insurance information
  • Real estate documents
  • Trust or inheritance records
  • Employment benefits

4. How Will Fees and Expenses Work?

Do not wait until bills arrive to understand the fee arrangement. Ask about:

  • The attorney’s hourly rate
  • The initial retainer
  • Billing increments
  • Charges for calls and emails
  • Court and service fees
  • Expert or accountant costs
  • Mediation expenses
  • Travel charges
  • Retainer replenishment

Also ask who will perform the work and whether paralegals or other staff have different rates. 

5. What Evidence Will Matter Most?

Ask which evidence supports your position and what could undermine it. Depending on the case, useful records may include:

  • Text messages and emails
  • Parenting calendars
  • Financial statements
  • School or medical records
  • Police or incident reports
  • Employment records
  • Photographs or videos
  • Social media posts
  • Witness accounts
  • Previous court orders

Preserve original files and avoid deleting messages or editing screenshots in ways that remove dates or context. Do not coach children or create staged evidence.

If you are considering recordings, ask about the applicable rules first. Massachusetts has strict requirements concerning secret audio recording, and an improper recording can create separate legal problems.

6. What Should I Do Before Filing?

Ask for practical instructions about moving out, changing passwords, opening separate accounts, handling joint bills, communicating with the other parent, traveling with children, or responding to harassment.

You should also ask whether an emergency motion or protective order may be appropriate. Immediate safety concerns should be addressed promptly rather than waiting for the ordinary case timeline.

If children are involved, discuss how to communicate without putting them in the middle. Avoid using children as messengers, asking them to choose sides, or discussing litigation details with them.

Key Takeaways

  • Identify the exact type of case.
  • Ask what outcomes are realistically possible.
  • Gather complete financial records.
  • Understand fees before work begins.
  • Preserve relevant evidence carefully.
  • Ask what actions to avoid before filing.

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