questions to ask a lawyer when getting a divorce

21 Questions To Ask a Divorce Lawyer During Your First Visit.

• 1. How Much Experience Do You Have In Divorce And Is It Your Specialty? Experience counts. Oftentimes, a lawyer’s or law firm’s qualifications are ...
• 2. What Is The Divorce Process Like?
• 3. How Do You Think The Judge Will Rule In My Divorce Case?
• 4. How Long Do You Think My Divorce Case Will Last?
• 5. What Type Of Divorce Case Is It?

Full Answer

What you should know before contacting a divorce attorney?

• take photographs of every item and photograph sets of small items, such as dinner ware, together
• use the front page of that day's newspaper in every photograph in order to create a "time stamp," which avoids any claims that the photo was taken at an earlier ...
• keep your photos in a safe, protected place

More items...

What are the best questions to ask a lawyer?

Don’t hesitate to ask your attorney questions such as:

• What is the timeline of this process?
• What sort of paperwork must I have prepared for closing?
• What do I need to arrange with my bank/ mortgage lender?
• What available funds must I have in my bank account?

Can anyone recommend a good divorce lawyer?

I would highly recommend them to any woman or man go through the same family law / divorce case i had. We have now had everything order by the court and i coudlnt be more grateful for their help. I recommend OTS Solicitors, and they family team.

What questions should I ask at a divorce consultation?

Questions That You Should Ask the Attorney. When you visit the attorney’s office, it is important for you to find out as much as you can about the attorney, the process, and other details of the divorce process that you need to know about. To find everything you need to know, you need to prepare a list of questions to ask the divorce lawyer.

What questions should I ask when getting a divorce?

Questions to ask a divorce attorney on the first visit about communicationHow often will we communicate about my case? ... How will we communicate with each other? ... What communication should I have with my spouse about the issues you and I discuss? ... How can I keep communication between my spouse and me amicable?More items...

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...•

How do I divorce my wife without losing everything?

7 Tips to Avoid Giving Up Too Much to Your Wife in Your DivorceTip #1: Identify Your “Separate” Assets. ... Tip #2: Prioritize Your “Marital” Assets. ... Tip #3: Think about Your Wife's Priorities. ... Tip #4: Weigh Your Options. ... Tip #5: Consider the Other Financial Aspects of Your Divorce. ... Tip #6: Put Together a Plan.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...

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.

Is my wife entitled to half my savings?

If you decide to get a divorce from your spouse, you can claim up to half of their 401(k) savings. Similarly, your spouse can also get half of your 401(k) savings if you divorce. Usually, you can get half of your spouse's 401(k) assets regardless of the duration of your marriage.

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.

What happens to bank accounts in divorce?

Splitting Property in a Divorce In community property states, all property, assets and bank accounts that were purchased, created or used during the course of a marriage belong equally to both parties in a divorce.

Does my wife get half of everything?

Nine states (Arizona, California, Louisiana, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin) have what are known as community property laws, which divide marital property equally upon divorce. Marital property is generally defined as all income, property, and debts acquired during the marriage.

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 much does a divorce lawyer cost?

On average, couples pay $5,000 - $10,000 in divorce costs for amicable divorces.

How do you play dirty in a divorce?

Top 10 Dirtiest Divorce TricksServing Papers with the Intent to Embarrass. You're angry with your spouse, and you want to humiliate him or her. ... Taking Everything. ... Canceling Credit Cards. ... Clearing Our Your Bank Accounts. ... Starving Out the Other Spouse. ... Refusing to Cooperate. ... Jeopardizing Employment. ... Meddling in an Affair.More items...•

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.

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.

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.

How long did it take Elizabeth to get divorced?

Having this goal in mind helped keep things moving, and as a result, her divorce took 364 days between her initial filing and final judgment.

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.

Will I Have Access to My File?

Your case file will be the centerpiece of your divorce proceedings. At the end of the day, it belongs to YOU. Your lawyer should be able to give you a copy of your file within a reasonable period of time. If, for some reason, your attorney is hesitant to hand over a copy of your file, or wants to keep parts of it away from you, be wary.

Will You Provide References?

The answer to this question is Yes. A lawyer should have no trouble providing you with several references to his or her former clients. If they cannot, they have either had no success representing people in the past or they do not have enough experience in the field. Either way, it’s a bad sign.

Who Will Work on My Case?

We cannot stress this enough. This is very important to get the answer to. Will the person you’re having a consultation with be handling your case? Or, are they only there to pitch the office’s services to you?

How Much Does a Divorce Cost?

We’ll tell you this now: you won’t get an exact number. That’s perfectly fine. However, your lawyer should be comfortable giving you a rough estimate, or, more accurately, estimates.

What Is the Process for a Divorce?

A lawyer with experience should be able to devise a couple of scenarios showing different ways the process could pan out. Your attorney should be able to explain the standard process and rough time frame for a divorce case, what they’ll take care of, and what you’ll need to do.

What Documents Do You Need?

Law is mostly paperwork, so you’ll want to know what information and documentation to start digging up. There isn’t much extra to say about this one.

What If My Spouse Wants to Make Things Difficult?

This is an absolute worst-case scenario. Unfortunately, divorces happen where one spouse simply doesn’t want to give a single inch. They want the divorce to be a war, no matter what. They are not in it to win, they’re in it to cause as much pain and trouble as possible. In cases like this, it can feel like your divorce will go on for years.