questions to ask a lawyer when considering divorce

10 Questions to Ask Your Divorce Attorney at the First Visit

1. How Does Billing Work? Nobody wants to talk about money, so you might want to bring it up first and get it out of the...
2. What Are The Rules Of Communication? You should have some idea of how often your lawyer will need to contact you and...
3. How Will The Attorney Handle The Workload Of Your Case? In...

Full Answer

What you should know before contacting a divorce attorney?

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What are the best questions to ask a lawyer?

Dec 14, 2021 · Key questions to ask when considering a divorce. When is the right time to file for divorce? Clients often delay divorce proceedings until certain events have occurred. For instance, it is common for ... Domestic violence and/or abuse. Looking after your children’s interests. Privacy concerns. ...

Can anyone recommend a good divorce lawyer?

Jan 31, 2020 · 10 Questions to Ask Your Divorce Attorney at the First Visit 1. How Does Billing Work? Nobody wants to talk about money, so you might want to bring it up first and get it out of the... 2. What Are The Rules Of Communication? You should have some idea of how often your lawyer will need to contact you ...

What questions should I ask at a divorce consultation?

Jan 14, 2021 · 1. Ask them to describe their approach to the divorce process. Each lawyer you speak to should have a slightly different answer to this. Sure, the divorce process is the same, in terms of paperwork, but your lawyer’s approach will differ. This open-ended question will give you some insight into the strategies they might employ to get you to ...

What to ask for during a divorce?

5 Things To Make Sure Are Included In Your Divorce SettlementA detailed parenting-time schedule—including holidays! ... Specifics about support. ... Life insurance. ... Retirement accounts and how they will be divided. ... A plan for the sale of the house.Sep 14, 2017

What is the first thing to do when you decide to 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...•Jan 4, 2022

What to ask yourself before getting divorced?

Questions to Ask Yourself Before You DivorceWhat Has Gotten You to the Point Where Divorce Is the Option?What Have You Done to Try to Fix the Problems?What Will the Impact Be on Your Children?What Were the Best Times in Your Relationship?Sep 21, 2020

What is a wife entitled to in a divorce settlement?

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. These assets will always be added to the overall 'pot' and will need to be split fairly.

How should a woman prepare for a divorce?

9 Critical Steps Women Should Take To Prepare For DivorceGather your financial records. ... Open a Post Office Box. ... Start putting money away for legal and other professional fees. ... Open a new checking and savings account. ... Open new credit cards in your name only. ... Get a copy of your credit report.

How do you know it's time for divorce?

It's okay to be casually comfortable with your partner! But, if you no longer find joy or simple happiness with your partner, or even feel resentful of them, then it's time to file for divorce. You deserve to be with someone with whom you're happy, not just be in a comforting habit with the one that you have.Jan 7, 2021

How do you know when marriage is over?

7 Signs Your Marriage Is Over, According to ExpertsLack of Sexual Intimacy. In every marriage, sexual desire will change over time. ... Frequently Feeling Angry with Your Spouse. ... Dreading Spending Alone-Time Together. ... Lack of Respect. ... Lack of Trust. ... Disliking Your Spouse. ... Visions of the Future Do Not Include Your Spouse.Dec 7, 2019

How do you know divorce is the right choice?

Negative signs Divorce might be the best choice for you if: there's a pattern of abuse, drug addiction, or repeated infidelity. neither of you is willing to change or adapt to present circumstances. neither of you is able to forgive past wrongs or make amends.Aug 16, 2006

What to do if you are unsure about a divorce?

splitting debts. If you’re unsure about whether you have a contested or uncontested divorce, ask your divorce lawyer. If there are small things that you can figure out on your own with your spouse, you should. Your attorney will be able to point out what things you need to negotiate with your spouse on.

Why is it important to prepare for divorce?

When you prepare for a divorce, it makes everything easier. Your cost of divorce will be lower. Your divorce process will be faster. Your divorce will even be easier when you prepare for divorce before you file for divorce. Your divorce lawyer will give you a list of things that you need to prepare.

How much does a retainer cost for divorce?

A retainer fee usually covers half of the estimated total cost of divorce. Meaning, if your divorce lawyer thinks it will cost $10,000 to handle your divorce, the retainer fee might be $5,000. This is not a hard and fast rule, but just an example. The point is that your retainer fee is going to run out.

Does it matter who files for divorce first?

If you have been served divorce papers already, then that answers the question for you. If you’re going to have an uncontested divorce, it doesn’t matter who files for divorce first. But if you’re going to have a contested divorce, it does matter. You want to have time to prepare for divorce.

What is the purpose of mediation in divorce?

Divorce mediations help couples reach an agreement on their disputes without going to trial. When you go through divorce mediation, you have the final say. When you go to trial, the judge has the final say on how to settle. If you need divorce mediation, ask your divorce lawyer for a divorce mediation checklist.

Is a divorce lawyer a good fit?

Not every divorce lawyer is going to be a good fit for you. Don’t let a divorce lawyer be pushy in your free consultation. Pick the one that best suits you and your desired outcomes. When you file for divorce, your attorney has to juggle many types of law.

What does an attorney do after divorce?

Your attorney will work to help you get a fair settlement and protect your interests while you work on moving forward with your life after your divorce. While the attorney should be working to resolve the issues as amicably as possible, sometimes court intervention is needed.

Do lawyers have to be transparent?

Lawyers are ethically required to be transparent about how much their hourly rate is and their fee structure. Your fee agreement should explain everything you need to know about billing but most importantly you should discuss ways you can save on fees.

Does Arizona require spousal support?

Arizona is one of the states that provides for spousal maintenance under certain circumstances after a divorce. If both parties worked during the marriage and are ending the marriage more or less equally situated, alimony is probably not appropriate but the topic should still be addressed with your attorney.

Is Arizona a community property state?

Arizona is a community property state, and the separating spouses will split the marital pot equitably. When parties are ethical and open about their financial worth during an amicable divorce, each party will know what debts and assets that the other party has.

What is the goal of hiring an attorney?

For many women, the ‘goal’ of hiring an attorney may simply be “get me outta this marriage!” But honing in on what you want your life to look like after the divorce dust has settled can be a useful tool for identifying how you want to work through the process of ending your marriage.

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.

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.

What is family law?

However, family law is a subspecialty that involves complex legal principles, which take time and experience to master.

What is a restraining order?

restraining orders prohibiting spouses from changing beneficiary designations or transferring assets before and during the divorce. alimony (how to calculate income available for alimony and the special factors courts consider when determining setting payments) child support (how to calculate child support in your state)

What is the division of property and assets?

the division of property and assets, including real property, collectibles, venture capital interests, stock option portfolios, good will, or other business interests, and . the division of retirement benefits. There is a vast body of law (which will vary from state to state) that applies to these issues. These laws are frequently updated ...

What does a divorce mediator do?

As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity. Divorce is a huge step, and how it's handled can have lasting impacts on the rest of your life. No matter which side you're on, it's wise to seek experienced legal representation.

What is collaborative divorce?

A collaborative divorce could end with you and your ex on good enough terms to be friendly with one another. While keeping your divorce out of the courts may sound ideal, you may need to take it to trial.

Do lawyers charge by the hour?

Like tutors and therapists, most lawyers charge by the hour, so make sure you know what you're getting into financially before signing anything. You may be able to comfortably pay for the retainer fee, but not the hourly rate, so make sure you ask for a total cost breakdown. 19 of 26.

Is divorce a big step?

Divorce is a huge step, and how it's handled can have lasting impacts on the rest of your life. No matter which side you're on, it's wise to seek experienced legal representation. If you've never been divorced before, the process may feel scary and uncomfortable, so before hiring a divorce attorney, you should do your research to ensure you're ...

Who said "You may think you have communicated but your partner may not have really heard"?

“You may think that you have communicated, but your partner may not have really heard,” said Sherry Amatenstein, a marriage therapist in Manhattan and Queens and the author of books on relationships.

What happens if you are bored in a relationship?

If you are bored in a relationship, you may find yourself bored in another one, too, said Erika Doukas, a clinical psychologist in private practice in Manhattan and Larchmont, N.Y. If you quarrel with your spouse over whose relatives to visit during the holidays, the same conflict may reappear in a subsequent marriage.

What do you recommend to people?

“What I recommend to people is that they start thinking about the financial as early in the process as possible,” Ms. Colier said. “That means meeting, if you can, with a financial adviser, talking to lawyers and writing down what this is going to cost. There is so much that is going to change — and so much fear. It’s important to feel grounded with as many financial facts as possible. You’ll feel safer that way.”

Who is Nancy Colier?

That is a mistake, said Nancy Colier, a psychotherapist in Manhattan. Even if the ultimate decision is to dissolve the marriage, asking the right questions before contacting a lawyer or mediator, and perhaps with the assistance of a marriage counselor, may prove worthwhile. The New York Times asked some people well versed in ...

Is divorce the right thing to do?

Even if the answer is yes, divorce may still be the right path. “There are a lot of reasons that people decide they can’t stay married, but our emotions aren’t wired on an on/off switch,” said Wendy Paris, a writer specializing in relationships. “Some of the anger we see in divorce comes from the fact that we do still feel love for this person, and can feel hurt, unloved in return, or unvalued.”

Is your marriage just so-so, or is it toxic? Are you unsure about whether you ever really loved your partner or are you just going through a difficult time?

Is your marriage just so-so, or is it toxic? Are you unsure about whether you ever really loved your partner or are you just going through a difficult time? Should you get a divorce?

Should You Get a Divorce? Here Are 10 Key Questions to Ask Yourself

Do I feel constantly criticized and put down by my partner and this leaves me feeling less than good enough? According to relationship expert Dr. John Gottman, criticism is one of the main reasons why marriages collapse. It can be lethal to a marriage because it can lead to contempt.