Your lawyer should have an overall plan for your case. This might simply mean that she plans to meet with your spouse's lawyer within the next month and settle the case, have documents drawn up within two weeks after that meeting, have them signed within two weeks after that, and then submit them to court.
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Once you have a contract, you'll schedule your first meeting with your lawyer. What happens at your first meeting depends on what's happening in your divorce case. In some cases, clients hire lawyers after filing for divorce (or receiving divorce papers).
The first step in the divorce process is typically to file a petition for divorce or legal separation. The petition should also include a summons that must be simultaneously served to the other party.
However, before a judge can finalize a divorce, both spouses need to have a complete understanding of the couple's incomes, assets, and debts. If you can provide the details about your finances at the first meeting with your new lawyer, the meeting will be much more productive.
Attorneys need to keep this in mind as they approach the first client meeting. Lawyers should try to make their divorce clients as comfortable as possible, which may require the following: compassion – attorneys are not therapists, but they should be sensitive to their client’s emotional states
Many, though not all, divorcing clients experience a varietyof emotions when their marriage ends, such as fear, anger, hurt, anxiety oreven depress...
If you’re going through a divorce and working with anattorney, make sure the attorney you’ve chosen to speak with is experienced andcompetent. Befo...
This will depend on what’s happening in the divorce case. In some cases, divorce papers have already been filed, while in other cases, the spousesh...
Yes. Sometimes, spouses aren’t completely sure that theywant a divorce, but want to know what they can expect if they go forward. Allattorney-clien...
The subjects discussed during your consultation will depend on how far along you are in your divorce. Some clients are eager to file for divorce immediately, while others are still unsure if a divorce is right for them and just want some information about their legal rights.
An attorney will meet with you privately or may ask your permission to have an assistant sit in on the meeting. Anything you tell your attorney or the assistant will be kept private due to the "attorney-client privilege," and as a result, you don't have to worry about your spouse finding out what you discussed.
A major part of any divorce is determining how to divide what has been accumulated during the marriage. This starts by preparing a “marital balance sheet” to define your financial assets and liabilities.
Most divorce cases have four primary categories to consider:
There are no forms or charts to calculate financial support for a spouse. The duration and amount of any payments following a divorce are determined solely by negotiation. Your lawyer should have some ideas, based upon past experience, as to what you might expect.
Most of the time in Georgia, marital assets and debts get divided equally. Your lawyer’s job is to make sure that division is equitable to you. All dollars aren’t created equal. Some assets have real, immediate value, while others could attach severe tax penalties if liquidated. For instance, a retirement account with $100,000 is not the same as having $100,000 in a savings account.
Ultimately, the legal process of divorce is more about business than emotions, but those often are difficult to separate. Your lawyer should be able to provide resources to help you work through the emotional aspects, while also focusing on the financial and family issues.
The first step in the divorce process is typically to file a petition for divorce or legal separation. The petition should also include a summons that must be simultaneously served to the other party.
Generally, however, the process begins when one spouse, called the petitioner, files for divorce. Papers are served to the other spouse, who is named the respondent thereafter on all official documents. This article will outline the key elements of ending a divorce, such as answering the divorce petition, temporary hearing protocol ...
The typical divorce counter-petition begins with an acknowledgement or the receipt of the divorce petition. It then goes on to state whether or not the respondent agrees with the types of relief that are being sought by the plaintiff. The respondent can agree to all of the terms. He or she can also address each request on a point-by-point basis. Most commonly, this is handled through the use of a standard response form that has check boxes next to each of the petitioner’s requests.
Jurisdiction in a divorce case is generally based on the residency of the party that files and serves the divorce petition first. If both parties reside in the same area, there will be no question about where the case will be handled.
As with any type of lawsuit, you have a specific period of time during which you may respond. In most jurisdictions, the respondent, or defendant, has 30 days to respond.
State courts have jurisdiction over divorce cases, so divorce complaints are filed with district or county branches of state superior or circuit courts. In highly populated areas with very busy court systems, divorce cases may be handled by special family court or civil divisions. The easiest way to determine where your case should be filed is by using a filing court locator.
Any witnesses for the petitioner are subject to cross-examination by the respondent’s attorney. The respondent’s counsel then has the opportunity to present evidence and witnesses, and the petitioning lawyer may cross-examine them. At the conclusion of the divorce trial, the attorneys present their closing statements.
If the lawyer or the lawyer's firm has represented or consulted with anyone on the other side of the case, he or she may have a conflict and may not be able to represent you. If you have spoken with a divorce attorney about your matter, that attorney may be prevented to talking to your spouse about your matter.
A divorce attorney that does not tell you the POTENTIAL outcomes of the above is either too inexperienced or is afraid to tell you the truth, especially if it is a type of outcome that might not work in your favor. However, you need to be concerned if a Michigan divorce lawyer GUARANTEES you a specific result.
The first category is when you are unhappy in your marriage, know very little about divorce, and want to gather some basic information so you can make educated decisions about preserving or ending your marriage.
Before your first meeting remember the 4Ps. Preparation prevents poor performance. As a matter of fact, remind yourself of the 4Ps throughout the divorce process. Before your first meeting, you need to prepare two documents if at all possible. One is simple biographical information– your full name, address, phone numbers, place of employment, ...
If you have decided to file a divorce, or your spouse has filed a divorce against you, your narrative needs to be more detailed — probably three to 10 pages . The next group of items that you will need to bring to your first meeting with you attorney is financial information.
You may have been served with a citation — an official document from the court advising you that you have been sued for divorce and giving you a specific time to respond to the court or ordering you to appear in court on a specific date.
You do not really know whether or not you are going to get divorced. You just want to know what your options are. The second category is when you have made the decision to end your marriage and you are meeting with your divorce attorney for the first time because you want to file a divorce.
Dividing up property a couple has acquired throughout their marriage (also known as marital property) can be one of the most contentious aspects of divorce. Luckily, divorce attorneys can help alleviate some of your legal and financial stresses by advocating for a division of property that works in your favor.
As you can see, the above list extensive -- yet, it is not exhaustive. Every divorce is different since every couple enters and leaves a marriage under different circumstances and with different assets. Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all ...
Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all of the property and assets relevant to your case.