Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
A first consultation with a divorce lawyer usually goes quickly, and it is easy to forget what you meant to ask. The questions below are grouped by topic so you can pick the ones that matter for your South Carolina case. Bring a printed or saved copy, write down the answers, and use the same list with every lawyer you meet so you can compare.
How to Use This List
- Pick your 10 most important questions in advance. You may not have time for all of them.
- Put your most important questions first.
- Write the answers down, or ask if you may take notes on your phone.
- Listen for whether the lawyer explains things clearly and honestly, including the risks.
Keep in mind that a lawyer can explain the law and the range of possible outcomes, but no attorney can guarantee a result. For more on getting ready, see our guide on how to prepare for a divorce consultation.
Questions About the Lawyer’s Experience
- How much of your practice is family law?
- Have you handled cases with issues like mine (for example, a family business, a relocation, military retirement or a special needs child)?
- Which family courts do you regularly appear in?
- Who else at the firm would work on my case?
- How often do your cases settle, and how often do you try cases? (Listen for an honest, general answer rather than statistics.)
Questions About the Process
- Which ground for divorce fits my situation, and what would I need to prove?
- Do I meet South Carolina’s residency requirement, and in which county would the case be filed?
- What are the main steps from filing to a final decree in a case like mine?
- Will I need a temporary hearing? What would we ask for?
- Is mediation required in my case, and how does it work?
- What documents will I need to gather, and when is my financial declaration due?
- Will I need to testify, and what would that look like?
For background on the steps, see our guide on how to file for divorce in South Carolina.
Questions About Strategy
- Based on what you know so far, what are the main issues in my case?
- What are the strengths and weaknesses of my position?
- Should I file first, or wait? Why?
- Is a fault ground worth pursuing, or would no-fault be simpler?
- What should I do, or avoid doing, while the case is pending?
- Should I move out of the home? What could that affect?
- Would mediation, collaborative divorce or negotiation fit my case?
Questions About Fees and Billing
- How do you charge: hourly, flat fee or a combination?
- What are the hourly rates for you, other lawyers and paralegals?
- How much is the retainer, and will it need to be replenished?
- Are unused retainer funds refunded?
- How often will I get a bill, and how detailed is it?
- Do you bill for short emails and phone calls? In what increments?
- What other costs might I pay, such as appraisers, a guardian ad litem, a mediator or a process server?
- What drives the cost up in a case like mine, and how can I help keep it down?
- Can I ask the court to order my spouse to contribute to my fees?
Our page on the cost of divorce in South Carolina explains the factors that affect cost.
Questions About Communication
- Who will be my main point of contact?
- How quickly do you usually return calls or emails?
- Will I receive copies of everything filed and received?
- How will you keep me updated between hearings?
- How should I reach you in an emergency?
Questions About Timing
- What is the earliest a final hearing could happen in my case?
- What could slow the case down?
- Do any waiting periods apply to the ground I would use?
- How long does it usually take to get a temporary hearing date in this county?
Timing depends on the ground and on whether the case is contested. For example, under S.C. Code § 20-3-80, a fault-based divorce cannot be finalized until three months after filing, but that waiting period does not apply to a one-year separation case.
Questions About Children
- What factors will the court consider in deciding custody?
- Is joint custody realistic in my situation?
- Will a guardian ad litem be appointed? What does that involve and cost?
- What should go into my parenting plan?
- How will child support likely be calculated, and what income will be used?
- Will my children have to talk to the judge?
- What if I want to move with the children later?
See our page on child custody and visitation for background.
Questions About Money and Property
- Which of our assets are likely marital, and which may be nonmarital?
- How does equitable distribution work, and what factors matter most in my case?
- What happens to the house and mortgage?
- How will retirement accounts be divided? Will we need a QDRO?
- How are debts divided?
- Is alimony a possibility, and which type might apply?
- How could adultery or other fault affect alimony or property?
- What should I do to protect my finances right now?
- What are the tax consequences of the options we are considering?
Our guide to property division covers how South Carolina divides marital property.
Questions to Ask Yourself Afterward
- Did the lawyer listen to me and answer my questions directly?
- Did I understand the explanations?
- Did the lawyer describe risks honestly, or only tell me what I wanted to hear?
- Were fee terms clear and offered in writing?
- Do I trust this person to handle a stressful, personal matter?
For more on choosing a lawyer, read how to choose a divorce lawyer in South Carolina, and visit the South Carolina Divorce Guide for the full process.
Frequently Asked Questions
How many questions should I bring to a divorce consultation?
Bring as many as you like, but put your 10 most important first. Consultations are often time-limited, so focus on the issues that matter most for your case.
Should I ask a lawyer how my case will turn out?
You can ask about likely ranges and risks, but no attorney can guarantee a result. Be cautious of anyone who promises one.
Is it okay to meet with more than one divorce lawyer?
Yes. Many people meet with more than one lawyer before choosing. Using the same questions helps you compare.
What fee questions matter most?
Ask about hourly rates, the retainer, whether it must be replenished, how billing works, and what other costs you may pay, such as appraisers or a guardian ad litem.
Will what I tell a lawyer in a consultation be confidential?
Lawyers generally must keep information from a prospective client confidential, even if you do not hire them. Ask the lawyer to confirm at the start.
Sources
- S.C. Code Title 20, Chapter 3 (Divorce)
- S.C. Code Title 63, Chapter 15 (Custody and Visitation)
- South Carolina Bar
- South Carolina Judicial Branch
Talk to Warner Law about your situation. If you have questions like these about your own divorce, a consultation with Warner Law is a chance to ask them and talk through your options. Warner Law’s office is at 1405 Calhoun Street in Columbia. Call (803) 692-1072 or request a consultation.
This article is general information about South Carolina law, not legal advice for your case. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
