how divorce lawyer questions

Questions to Ask a Divorce Lawyer 1- Do you know my partner in any way? The last thing you want happening is your lawyer not performing to their bests due to emotional attachments with your spouse.

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What are the best questions to ask a divorce lawyer?

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What to look for in a good divorce lawyer?

You need someone who can take the following actions on your behalf:

• Review the circumstances surrounding your divorce and how state laws are likely to apply;
• File the appropriate legal documents with the court and respond to any pleadings you receive from your spouse;
• Appear by your side at divorce-related hearings, making effective legal arguments on your behalf;

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How do I find a good divorce lawyer?

Method 3 Method 3 of 3: Choosing an Attorney

1. Make appointments with prospective divorce attorneys. Don’t just choose the first attorney you find.
2. Prepare for your divorce attorney appointment. Before meeting or having a phone consultation with the attorneys on your list, you should prepare for the appointments.
3. Gather all the information and documents you were asked to bring to your consultation. ...

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Do you need to hire a divorce lawyer?

When You May Need a Divorce Lawyer There are certain situations when hiring a divorce lawyer makes sense, and you should probably do it. You should probably hire an attorney if: There's a problem with abuse You think your spouse is lying about certain issues or being vindictive Your spouse has retained an attorney

How do you start a conversation with a divorce lawyer?

10 things to bring to your initial consultation with a divorce...Prepare your Schedule of Assets and Debts. ... Prepare your Income and Expense Declaration. ... Prepare a list of questions you want to ask the divorce lawyer. ... Tax Returns. ... Self-employment documents. ... List out the relevant facts about your case.More items...•

What are some things to ask for in a divorce?

Things to ask for in a divorce: moneyWho is responsible for the debt after divorce?Credit card, tax and personal loan debt.Student loans.Any lawsuits, including bankruptcies.Life insurance policies in divorce settlement.Long-term care insurance in divorce settlement.Wedding and engagement rings in divorce.More items...•

What to prepare before asking for a divorce?

Top 10 Things to Do Before You File For a DivorceNever Threaten to Divorce Until You Are Ready To File. ... Organize Your Documents. ... Focus on Your Children. ... Make Sure You Have Three Months of Financial Resources. ... Obtain the Best Legal Advice You Can Get. ... Make Sure You Have Available Credit.More items...

What questions should I ask my lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

What is a wife entitled to in a divorce?

Assets that you have built up or acquired during the period of marriage are known as matrimonial assets or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank.

What are the rights of wife after divorce?

Unless the court has legally declared a couple as 'divorced', the wife is considered to be the husband's legal spouse. As a result, till the time the divorce is officialised the wife has the right to her husband's property and so do their children.

How long does a divorce take?

A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.

How do I protect myself financially in a divorce?

How to Financially Protect Yourself in a DivorceLegally establish the separation/divorce.Get a copy of your credit report and monitor activity.Separate debt to financially protect your assets.Move half of joint bank balances to a separate account.Comb through your assets.Conduct a cash flow analysis.More items...•

Does it make a difference who files for divorce first?

Filing for divorce first does not give you any inherent rights over your spouse. One benefit is that if the specific facts of your case warrant, you could have a choice of which county—and sometimes which state — to file the paperwork in. To be clear, you cannot just file in any ol' location.

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

What are 3 questions you should ask a lawyer before hiring?

6 Questions To Ask Before You Hire A LawyerWhat's Your Experience? ... What Percentage Of Your Practice Is Dedicated To This Area Of Law? ... What Will This Cost? ... Can You Charge Me A Flat-Rate Fee? ... Where's My Contract? ... Can I Avoid Going To Court?

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

How to prepare for alimony?

Alimony is a numbers game. Sometimes the best way to prepare and present the back alimony case is to play the numbers game using experts. For example, forensic accounting experts and vocational rehabilitative experts can help support or defend an alimony claim.

What is the greatest tragedy in divorce cases?

The greatest tragedy in divorce cases is when a custody battle spirals out of control for months or even years. The attorneys have a lot of say in controlling or mitigating some of the emotional responses in these cases and keeping things under control.

What is single pot divorce?

Divorce cases are ”single pot” cases, where the monies spent on the case can correspondingly lead to a decrease in money available for the parties. Cost-benefit analysis is required at every stage of the game.

What is a good deal in a case?

Even if your case does not step foot in a courtroom, it’s good to have an understanding of how the law works to get a basic idea of what is a good deal in your case. Of course, a good deal also accounts for subjective things like your particular needs or your spouse’s particular needs.

How to know if you're getting a reasonable deal?

This requires a lot of trust, so the best thing you can do is check the attorney out thoroughly at the beginning of the process, so you understand how you guys will work together.

Can you get child care tax exemptions in divorce?

However, the parties in a divorce can always agree to do whatever they want with the tax exemptions. It’s important to address tax exemptions as early as the first divorce consultation in your case.

Is divorce easy?

Divorce is not easy , and the vast majority of the people that we consult with are not emotionally ready to pull the trigger. Often a driving force is that there are assets, other financial obligations, or even relationships with children that need to be protected, and the jurisdiction of the court needs to be invoked.

1. Safety

Your divorce lawyer needs to know that you’re in a place where you can safely discuss your issues. They may gingerly approach the topic of whether there was any abuse, whether physical, emotional, or mental, during your marriage.

2. Finances

This part of the discussion may feel invasive for you. You may wonder why you need to share data with me that many in America have been taught is sensitive and isn’t generally a topic for discussion. The fact of the matter is, from a practical standpoint a divorce is not terribly different from dissolving a business partnership.

3. Kids

Do you have children? If you do, we’re going to need to know how old they are, what special needs they might have, what their schedule looks like, what extracurriculars they are engaged in, etc. In general, I’m going to need to get to know your kids without talking to your kids.

1- Do you know my partner in any way?

The last thing you want happening is your lawyer not performing to their bests due to emotional attachments with your spouse.

2- How many divorce cases were you able to settle without court proceedings?

Taking divorce cases to court only prolongs it unnecessarily. Most times, the only effect of taking a divorce to court is elevated fees.

3- How many divorce cases have you handled?

The divorce attorney is offering a service. Most service providers don’t get it right at the first attempt. While they get better over time, you don’t want to be a source of experience to the lawyer.

4- Will another lawyer be taking up my case at any point in time?

After conducting tons of research and asking tens of questions, you’ve decided to settle on a divorce lawyer.

5- Can I access all of my documents at will?

Your documents are all yours, and there are no reasons why your attorney should be keeping them away from you. A typical answer to this question should be a resounding yes.

6- Are there any hidden costs?

Most times, you may have to pay extra costs if the divorce process meets a specific condition.

7- What are the available means of communication?

Good divorce lawyers are excellent communicators. They must be available to answer your questions at any time while reaching you for information if need be.

What is the most important thing to decide in a divorce?

Q: What needs to be decided in a divorce? A: There are 5 general areas which need to be resolved in a divorce; 1) Child Custody, 2) Child Support, 3) Division of Debt, 4) Division of Property, and 5) Spousal support.

How much does a divorce cost?

A: Uncontested divorces cost between $1,500 and $2,500. Contested divorces average $5,000 to $7,000. Seriously contested divorces can cost as much as $20,000 or $40,000. The costs depends on time invested into the case. During a consult an attorney will give you a ballpark figure of the costs for your divorce.

What are the factors that determine alimony?

Common factors weighing into this analysis are the length of the marriage, the need of the spouse requesting alimony, and the financial ability to pay the other spouse.

What is the difference between legal separation and divorce?

Q: What is the difference between divorce and legal separation? A: A divorce is a complete dissolution of the marriage. A legal separation legally divides the assets and debts of the couple, but they are still married. >> Divorce vs. Legal Separation.

Can you file a joint petition without a court hearing?

A: For all practicality they are the same. A Joint Petition is a specific group of forms used for couples to file a divorce without a court hearing. A Joint Petition can be considered an “Uncontested Divorce.” You can get an uncontested divorce without filing Joint Petition forms.

Is filing for divorce first important?

A: Filing first is rarely a significant advantage. Filing first may allow you to slightly control the flow of the divorce and allow you to choose court jurisdiction if your spouse lives in another state.#N#>> Filing for Divorce First

Can you lock out your spouse?

You are not allowed to lock out your spouse from a home without a court order. The courts understand divorcing couples may find it hard to cohabitate. This issue is usually solved after a divorce has been filed at a Temporary Orders Hearing. At this hearing the court can order one spouse to vacate the house.

About Brette Sember

Having previously practiced as a family and matrimonial lawyer and mediator, Brette is a nationally recognized expert on divorce and family law. For more information about Brette, see www.BretteSember.com .

Ask Brette

Dealing with the breakup of your marriage is hard enough, but it can be overwhelming trying to understand all the legal issues that come up. The decisions that you make during your divorce can affect you for a long time, so you need a reliable source of information that answers your questions about divorce.

Featured Question

Question: My husband and I have decided to divorce. His business was started during our marriage and now is doing very well. He said that if I get my own attorney and dig into his business, he will make it worse for me. He said I won't get half of what I am worth or able to get. He wants me to work with one lawyer (his). Is this a bluff or truth?