getting a divorce - what i need to know for first appointment with lawyer

How do I make an appointment with a divorce attorney?

Aug 21, 2017 · You should not put a lot of pressure on yourself when you visit with your lawyer for the first time, but some documents can be helpful to your new attorney in assessing the issues in your case. Remember the military adage, “Proper Planning and Preparation Prevents Piss Poor Performance.”. While the documents can seem personal, you should feel comfortable enough …

What questions should I ask my divorce lawyer at the first meeting?

Feb 19, 2018 · How do you prepare for your first meeting with a Divorce Lawyer? Being prepared can help you get the most of your meeting. FIRST: EXPECT A CONFLICT CHECK 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 …

What should I look for when hiring a divorce attorney?

Jan 14, 2021 · Regardless of what you bring to your divorce consultation don’t forget why you are in a divorce attorney’s office in the first place: (1) to get information about divorce in your jurisdiction– we firmly believe that knowledge is power!, (2) to get an idea about what your life could look like post-divorce, and (3) to evaluate whether the attorney you are meeting with is …

What do I need to bring to my divorce appointment?

In many marriages, only one spouse is in charge of the finances. 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.

What should you expect when meeting the lawyer for the first time?

How do I prepare for my first meeting with a lawyer?

What is the first thing to do when you decide to divorce?

What should a wife ask for in a divorce settlement?

What is an initial consultation?

How long should you wait for a lawyer to call you back?

How do I ask for divorce peacefully?

Who regrets divorce more?

What is a wife entitled to in a divorce in Texas?

What is leverage in a divorce?

Is spouse entitled to 401K in divorce?

How do men move on after divorce?

Attorneys Should Make Their Clients Feel Comfortable

Many, though not all, divorcing clients experience a varietyof emotions when their marriage ends, such as fear, anger, hurt, anxiety oreven depress...

Clients Should Make Sure Their Attorneys Are Competent

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...

What Should Happen at The First Meeting?

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...

Is The Meeting Confidential?

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...

Is it a good idea to talk to a lawyer about divorce?

If you’ve made up your mind and there’s no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so you’ve got nothing to lose. But, you can gain a lot of information during attorney interviews if you head into the conversation armed with the right questions.

Can you represent yourself in divorce?

Most states allow individuals to represent themselves in the divorce process. And, it’s more common than you think: 80 percent of divorces involve at least one party representing themselves. Lots of people go this route – which means you can, too.

Can a lawyer appear in court?

At the same time, the attorney may only appear in court on your behalf. However, in small law firms, your lawyer may be your only point of contact throughout the entire case. 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.

Do lawyers provide free consultations?

No law requires attorneys to provide free services to potential clients, so it's important that you ask about the cost before you schedule your initial meeting. If a lawyer offers a free consultation, this is your opportunity to meet with and determine whether that attorney is a good match for your case.

What are the issues in divorce?

Review relevant divorce-related issues 1 custody of any minor children 2 child support 3 alimony —whether either spouse should pay and if so, how much and for how long, and 4 division of property and debts.

What are the emotions of a divorce?

Many, though not all, divorcing clients experience various emotions when their marriage ends, such as fear, anger, hurt, anxiety, or even depression. They may have to endure constant conflict at home; they may be losing sleep or have deep concerns about how their children will handle the impending divorce news.

What is a free consultation?

If a lawyer offers a free consultation, this is your opportunity to meet with and determine whether that attorney is a good match for your case. Free consultations are not the place for in-depth legal questions, so don't go into a consultation expecting the attorney to answer case-specific questions.

What is retainer agreement?

A retainer agreement should layout cost, billing procedures, and details about who will work on your case.

What are the grounds for divorce?

Grounds for Divorce. Divorce "grounds" are the legal reasons on which you're basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault. Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce.

What factors are considered when awarding alimony?

Some common factors a court considers when awarding alimony are: a spouse's actual need, and the other spouse's ability to pay. the length of the marriage. each spouse's age and health (both physical and emotional) each spouse's earning capacity and level of education. parental responsibilities for the children.

What are the factors that determine alimony?

Some common factors a court considers when awarding alimony are: 1 a spouse's actual need, and the other spouse's ability to pay 2 the length of the marriage 3 each spouse's age and health (both physical and emotional) 4 each spouse's earning capacity and level of education 5 parental responsibilities for the children 6 the division of marital property between the spouses, and 7 income available to either spouse through investment of that spouse's assets.

Is there a fault based divorce?

Today, there aren't many benefits to filing for a fault-based divorce. However, if your state views fault as a factor in determining alimony or division of marital property, it's something to consider. No-fault divorce is primarily based on "irreconcilable differences" or the "irretrievable breakdown of the marriage.".

Is custody an issue in divorce?

Custody is frequently a hotbed issue in a divorce. But it's important to note that custody isn't the all-or-nothing proposition many people think it is. In deciding custody and parenting time issues, the law requires judges to think in terms of "the best interests of the child.".

What is sole legal custody?

"Sole legal custody" means only one parent is the decision-maker, but that's much more the exception than the rule today.

How often do parents spend time with their children?

A typical parenting schedule will have a parent spending time with the child one or two evenings a week, and every other weekend, perhaps with extended time during the summer. But judges will look at parenting time on a case-by-case basis, and try to tailor a plan that best suits both parents' schedules.

What happens after a divorce hearing?

After the hearing is over, the judge will issue rulings on the issues that were presented. These become legal and binding either temporarily, or until the end of your divorce.

What happens at the end of a divorce?

A divorce trial is what happens at the end of your divorce. With a hearing, the judge will consider evidence and testimony on one or more aspects of your divorce, perhaps child custody or visitation or temporary alimony, for example.

What are the issues in a divorce?

Just about any issue related to separation or divorce is fair game at a divorce hearing. Some of the issues that are considered include: 1 Temporary custody 2 Temporary child support 3 Temporary spousal support 4 Protective orders/temporary restraining orders 5 Emergency “ ex parte ” orders 6 Issues related to the family home, including who gets to live in the house and who is responsible for paying the bills needed to maintain the house 7 Procedural issues or disputes related to discovery, evidence or witnesses 8 Contempt of court rulings when court orders are not followed 9 Who pays for health insurance 10 Who pays for attorney’s fees 11 Possible court-ordered mediation 12 Possible court-ordered parenting classes 13 Dividing retirement accounts through a QDRO (after the divorce) 14 Settlement updates 15 Trial setting and additional hearings scheduled

What is a hearing officer?

Some courts use hearing officers to handle specific procedural issues. Other courts use judges for all matters. Regardless of who handles your case, the hearing will be scheduled, and you’ll receive a notification, either directly or through your attorney. At the court, your case is called.

What is an ex parte order?

Emergency “ ex parte ” orders. Issues related to the family home, including who gets to live in the house and who is responsible for paying the bills needed to maintain the house. Procedural issues or disputes related to discovery, evidence or witnesses. Contempt of court rulings when court orders are not followed.

Can you tell a judge you are harassed?

In cases where harassment, abuse is present, or you fear for your safety in any way, you can tell the judge that you prefer to give alternative information, which may be the contact information for a relative or a friend. Your spouse will be asked to do the same.

Can you bring your cell phone into court?

Do this before you enter the courtroom. In some jurisdictions, you may not even be able to bring your cellphone into the courtroom because cameras are not allowed. If you want to make a judge mad, make sure your cellphone goes off right in the middle of your hearing or during another case.

Can a divorce be granted if only one spouse wants to end the marriage?

The court can grant a divorce even if only one spouse wants to end the marriage. If you’d still like to give marital counseling a try, do so before you file for divorce.

What does a divorce decree mean?

In most jurisdictions, the judge automatically issues an order at the beginning of your divorce case that prohibits you or your spouse from selling, buying, or otherwise encumbering or disposing of any marital property. Courts do this to prevent either spouse from draining the bank accounts, or dissipating the marital estate out of spite.

Can you get custody of your children if you divorce?

If you have children, their custody situation is probably at the forefront of your mind when getting a divorce. You should know that, absent extreme circumstances, you and your spouse will end up sharing custody of the children. It’s a good idea to sit down and carefully review your work schedule, your children’s schedule, and your other obligations and come up with your desired schedule for custody. If you can come up with a arrangement that gives both you and your spouse time with the children, you’ll be leaps and bounds ahead of most people who file for divorce.