Is my case likely to proceed as a mutual consent divorce or a contested one?

This is the most important strategic question. The answer determines timeline, cost, and emotional toll. A good lawyer will give you an honest assessment based on your specific facts. Not just tell you what you want to hear.

What are the realistic grounds available to me under my personal law?

Grounds for divorce vary by personal law (Hindu Marriage Act, Muslim Personal Law, Indian Divorce Act, etc.). Ask specifically which grounds apply to your facts and which the lawyer believes are most defensible in court. Be cautious if a lawyer lists many grounds without explaining the evidentiary requirements for each.

What is a realistic timeline for my case?

Mutual consent divorces in most Indian family courts take 9–18 months. Contested divorces take 3–7 years. Ask specifically about the typical timeline in the family court that has jurisdiction over your matter, not a national average.

How do you charge. Fixed fee, per hearing, or monthly retainer?

Get a specific fee structure in writing before paying anything. Understand what is included: drafting the petition, appearances for procedural hearings, main arguments, and any ancillary applications. Ask specifically about the cost of each additional application (maintenance, custody, injunctions) so there are no surprises.

Will you personally appear, or will a junior associate handle most hearings?

Many advocates in India delegate routine hearing appearances to junior colleagues. This is normal. But you should know upfront. If you are paying for senior advocacy, confirm at which hearings the senior advocate will personally appear.

What is your assessment of the likely outcome on maintenance?

Based on both parties' income, assets, and standard of living, what range of maintenance does the lawyer consider defensible. Either as claimant or respondent? An honest answer requires knowing your financial facts. Be wary of guaranteed outcomes.

How will child custody be handled?

If children are involved, custody is typically the most contested issue. Ask what positions are defensible given your specific circumstances, what the court in your jurisdiction typically awards, and whether mediation might be more appropriate than litigation for custody disputes.

Do I need to take any immediate legal steps before we file?

Depending on your circumstances, there may be urgent steps: documenting evidence, securing joint assets, applying for interim maintenance, or filing a protective application under the Domestic Violence Act. A good lawyer identifies time-sensitive actions at the first meeting.

Have you appeared before the specific family court that will handle my case?

An advocate who regularly appears before the Bangalore Family Court or the relevant court in your city has practical knowledge of that court's procedures, typical timelines, and judicial preferences that an outsider does not. This practical familiarity has real value.

What documentation should I start gathering now?

The answer varies by the type of case: marriage certificate, birth certificates of children, income documents, evidence of matrimonial offences if applicable, property documents, and communications history. A thorough lawyer gives you a specific list.

Are there circumstances where you would recommend mediation over litigation?

Family courts in India refer many matters to mediation centres. A lawyer who reflexively opposes mediation may not be prioritising your interests. Ask specifically whether your case is a candidate for mediated settlement. Especially on property division and custody.

What is your experience with cases that involve NRI parties or foreign assets?

If either party is an NRI or holds foreign assets or bank accounts, the legal complexity increases significantly. FEMA issues, foreign court orders, service of notice on an overseas party, and enforcement of decrees across jurisdictions all require specific expertise. If applicable to your situation, this question is non-negotiable.

Legal Services

12 Questions to Ask a Divorce Lawyer at Your First Consultation

The 12 questions to ask a divorce lawyer before you retain them. Covering strategy, timeline, fees, and what to expect at each stage of the process.

Ajsal Abbas

8 August 2025

6 min read

Quick summary

The 12 questions to ask a divorce lawyer before you retain them. Covering strategy, timeline, fees, and what to expect at each stage of the process.

What the first consultation is for

A first consultation with a divorce lawyer is an interview. You are evaluating them as much as they are assessing your matter. Come prepared with a brief summary of your situation and these questions. A good lawyer will give you direct, specific answers. Vague or overly optimistic responses are a sign to look elsewhere.

The 12 questions

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