questions to ask a lawyer when filing for divorce

1. Do you specialize in divorces, or are divorces just a part of your practice? How long have you been practicing family law? ...
2. What is your strategy for my case? How long will it take to resolve my case?
3. How long do you take to return phone calls? ...
4. Will anyone else in your office be working on my case? ...
5. How will you charge me? ...

More items...

Full Answer

What are some questions to ask a divorce attorney?

An attorney should not hesitate to provide this to you and you should understand situations might change because you cannot predict your spouse's behavior any more than your spouse can predict your behavior. Questions to ask a divorce attorney on the first visit about billing. 1.

What qualities make a good divorce attorney?

Apr 19, 2022 · Hopefully, knowing what questions to ask a divorce lawyer during a consultation will get you on the right track. The information you’ll gain from asking should help you choose a lawyer you can trust. At Peskind Law Firm, we will work with you to find the most logical approach to your case, whether arranging a settlement or preparing for a ...

Can anyone recommend a good divorce lawyer?

During the initial consultation, a divorce lawyer’s questions will likely include: What is Your Current Living Situation? Some people physically separate before they decide to file for divorce while others are still living together. Others have nesting arrangements while some people have one spouse who is coming and going.

What should you look for in a divorce attorney?

Jan 14, 2021 · First, ask yourself: Are you sure you actually need an attorney? 1. Ask them to describe their approach to the divorce process. Each lawyer you speak to should have a slightly different... 2. Ask about communication. How will they check in with you throughout the process? As you’re interviewing ...

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 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

How do I divorce my wife without losing everything?

If divorce is looming, here are six ways to protect yourself financially.Identify all of your assets and clarify what's yours. Identify your assets. ... Get copies of all your financial statements. Make copies. ... Secure some liquid assets. Go to the bank. ... Know your state's laws. ... Build a team. ... Decide what you want — and need.Dec 31, 2019

How should a woman prepare for 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 to get a divorce?

10 Signs That It's Time to DivorceYou No Longer Communicate with Your Spouse. ... Your Marriage Lacks Intimacy. ... One Spouse Is Causing Financial Hardship. ... The Relationship Isn't a Top Priority. ... You Aren't Willing to Argue with Your Spouse. ... Opinions Concerning Children Greatly Differ. ... You Don't Feel Respected by Your Partner.More items...•Apr 23, 2021

What are the signs your 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

Can I empty my bank account before divorce?

Can You Empty Your Bank Account Before Divorce? However, doing so just before or during a divorce is going to have consequences because the contents of that account will almost certainly be considered marital property. That means it will be an equitable division in the divorce settlement.Sep 2, 2020

How much money should a husband give his wife after divorce?

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.Jan 27, 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.

What is a divorced woman called?

divorcée. A divorcée is a woman who is divorced.

Who suffers the most in a divorce?

MenMen are more than twice as likely to suffer from post-divorce depression than women. Anxiety and hypertension are common in men after divorce, which can result in substance abuse and in the worst cases, suicide. Ten divorced men commit suicide in the U.S. each day.Jul 20, 2020

What can you not do during a divorce?

Don'ts first; here are 10 things not to do;Don't use your children to get at the other person. ... Don't make threats to, or cause harassment to the other person. ... Don't think you are going to take the other person “to the cleaners”. ... Don't try to hide money or assets. ... Don't be unrealistic about cost.More items...•Jul 7, 2013

What to do if you are considering divorce?

If you are considering divorce, talk to a counselor or psychologist to make an attempt at repairing your relationship. But most importantly, make sure you and your children are not in harm’s way, as divorce can create tension and lead to domestic abuse.

What to do if you are divorced?

If after following the steps above you decide divorce is your only option, make sure you are prepared for what lies ahead, which may include fighting for custody of your children and pets, protecting your property, and securing your bank accounts. Take steps to protect everything that could be liquidated by your spouse that is valuable to you. This includes personal property. Prepare by getting your finances and documents in order.

What is a premarital agreement?

Premarital/Prenuptial agreement: A premarital agreement is entered into before marriage and protects your assets at the time of divorce. If you have a premarital agreement, it is important to provide it to your attorney so they can better explain how this affects your divorce and if it is controlling.

Can you return to your home after divorce?

In some states, you may be considered “at fault” for the divorce. 7 You also may be unable to return to your home until property is divided. In my experience, I have known couples that stayed together in their home during the divorce for the sake of their children or because of financial concerns.

How to contact the National Domestic Violence Hotline?

Contact the National Domestic Violence Hotline: The National Hotline can help you find a path to safety. The number for the hotline is 1-800-799-7233.5. File a restraining order: You may want to consider a restraining order or asking a judge to order the abusive spouse to move out.

Is divorce easy?

Divorces are never easy and can get messy. You should make every effort to avoid this unfortunate event, which occurs for 40 to 50 percent of U.S. marriages. 1 But if you’re in an unhealthy relationship, it may be time for a change. Whatever reasons you have for filing for divorce, it is a decision that should be made independent of emotion.

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.

Who wrote the book "Getting to Yes"?

Have you read “Getting to Yes”? “Getting to Yes,” a book by the authors of the Harvard Negotiation Project, is considered the authority on principled settlement. These guys originated the concept of win-win, later made famous by Stephen Covey and his “7 Habits of Highly Effective People.”.

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.

Is Florida a legal separation state?

While Florida doesn’t exactly call it a legal separation, the state does offer an alternative for two parties to divide assets and to provide support to one another even without filing a divorce. The separate maintenance actions can give rise to what is in effect a legal separation in Florida.

Is child support based on a formula?

Child support is based on a formula in Florida . But often we have a difficult time getting to a child support number. That’s because while the formula might be straightforward, sometimes finding out the numbers to put into the formula is anything but. My spouse has a business and lies about his income to the IRS.

Do cases go to litigation?

The reality is certain cases must go to litigation in order to get the right result. You are vetting not just the transactional experience of your family law attorney, but also their ability to litigate if and when it is required.

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.

Why do you choose a divorce lawyer?

If you choose a your divorce lawyer because you think they’ll do a good job based on your initial meeting, you’ll probably want to make sure it’s them you’ll actually be dealing with as your case progresses rather than another partner or member of the firm.

Why do you need one point of contact when you are going through divorce?

Having one point of contact can make things so much easier .

How many people in the UK don't have a will?

With around 30 million adults in the UK not having a will in place, this is an important question to ask. Often people want to make a new will when they separate. While they are still married, their spouse can have claims on their estate, even if they’re separated.

Should cost be a factor in choosing a divorce lawyer?

While cost shouldn’t be the overall deciding factor when choosing a divorce lawyer, it is important for you to get an idea of likely costs in advance so you can budget accordingly.

Why did two women win a Supreme Court case?

There was a high profile case in the news recently where two women won a Supreme Court fight on the basis that their ex-husbands hadn’t declared their true worth at the time of divorce.

Is divorce beneficial?

There’s no hard and fast rule on this. In some divorce cases it can be beneficial, while in others it can be detrimental to the process . Your lawyer will be able to give you an answer based on your circumstances and their experience.

Is it easy to file for divorce?

Making the decision to file for divorce is never easy. We understand how daunting it can feel to have to approach a divorce lawyer to discuss formally ending your marriage. That’s why we’ve put together this list of 31 questions to ask your divorce lawyer.

What happens if you don't get divorced?

If you are not granted the Divorce, it will be due to the Registrar or Magistrate needing clarification about your application, in which a letter will be sent to you directly for you to then answer. We recommend you seek legal advice.

Do you have to attend a divorce hearing?

Most divorce hearings do not require the attendance of the parties unless it is a sole application by one party only or it is a sole application, and there are children under 18 years, in which case you will be required to attend the hearing. You must also attend the hearing where the other party files an objection.

How long do you have to wait to hire a lawyer?

Now, you might need to hire a lawyer immediately if your spouse has already filed for a divorce, however, if you are the one thinking about filing it, you could wait for several days, weeks, or months before making a decision. If you want to hire a specific attorney, they’ll ...

Can you move right away?

Whether you’ll move or not will depend entirely on you , nonetheless, there are situations where your legal representative will advise you to either stay or move since it can influence your entire case. For example, in the cases of emotional or physical abuse, false allegations of violence, and so on, your attorney will probably tell you to move right away.

Is divorce expensive?

You probably already know that the entire process of getting a divorce is expensive, which is why most people worry about their finances. The expenses you’ll have will depend on a wide range of things including how complex your case is, whether there is custody of the kids involved, as well as how well you can work with your spouse during the divorce.

Is it stressful to get divorced?

Getting a divorce is always extremely stressful for everyone involved, and the situation gets even more serious and daunting when there are children involved. So, if you are feeling uncertainty and denial as you prepare to meet with your divorce lawyer for the very first time, know that it is not unusual and that it happens to everyone.