questions to ask a lawyer when separating

What 12 Questions Should I Ask My Divorce Lawyer during the Initial Consultation?

1. Do you specialize in divorce? Specialization in family law is key. There are many different kinds of lawyers, some of...
2. How long have you been practicing divorce law? Experience counts for a lot in family law. A lawyer who has put many...
3. How will your team work together on my...

Full Answer

What questions to ask a divorce lawyer?

Planning to discuss your separation with a Lawyer? Here are some key questions to ask: 1. What is a ‘divorce’ in Australia? 2. What is a ‘separation’? 3. From what ‘date’ are we actually separated and how is that decided? 4.

Do I need a lawyer to get a legal separation?

Oct 03, 2021 · As long as you and your spouse have separate beds and don`t behave as they normally are related to a couple, for example.B. Eating together or going out together, the law assumes that you live separately and separately to meet the requirements of separation. 3. What communication should I have with my spouse about the topics you and I discuss?

What to ask a divorce attorney about a move away request?

Ask a Lawyer to get an answer or read through our 5 previously answered Legal Separation questions. Legal Separation. Legal Issue. Administrative. Admiralty And Maritime. Adoptions. Alcoholic Beverages. Alternative Dispute Resolution. Americans With Disabilities Act.

What is legal separation and how does it work?

Apr 05, 2016 · What 12 Questions Should I Ask My Divorce Lawyer during the Initial Consultation? 1. Do you specialize in divorce? Specialization in family law is key. There are many different kinds of lawyers, some of... 2. How long have you been practicing divorce law? Experience counts for a lot in family law. A ...

What are your legal rights when separating?

The right to stay in your home unless a court order excludes it. The right to ask the court to enable you to return to your home (if you have moved out) The right to know of any repossession action taken out by your mortgage lender. The right to join any mortgage possession proceedings taken out by your lender.

What should I ask for in a separation?

11 Questions to Ask Before Getting a DivorceHave you made clear your concerns about the relationship? ... Do you and your spouse have shared expectations about the roles you play in the relationship? ... If there is a way to save the marriage, what would it be? ... Would you really be happier without your partner?More items...•May 18, 2017

What should you not do when separating?

5 Mistakes To Avoid During Your SeparationKeep it private.Don't leave the house.Don't pay more than your share.Don't jump into a rebound relationship.Don't put off the inevitable.Oct 19, 2016

What does a separation accomplish?

Typically, couples turn to legal separation when they do not want to immediately end their marriage with divorce but rather live apart and ensure their rights regarding money, property, children, and debts are protected. Legal separation gives spouses time to decide if they should reconcile, or proceed with a divorce.

How do you say you want to separate?

Telling your husband or wife your decision to divorceBe calm, kind, and direct. ... Focus on neutral language and “I” statements. ... Be prepared for an angry response. ... Address the possibility of a trial separation. ... Avoid discussing the details of the divorce right away. ... Give your partner time to process the information.

What to do before asking for a separation?

Before you approach your spouse, consider carefully what you will say and where you will have the discussion. You want to be calm and discuss your decision in a way that results in the least amount of emotional damage to you, your spouse and your children.Oct 1, 2018

Why moving out is the biggest mistake in a divorce?

One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.Mar 31, 2021

What is the first thing to do when separating?

Separation is never easy. What you need to know to make the best of it.Know where you're going. ... Know why you're going. ... Get legal advice. ... Decide what you want your partner to understand most about your leaving. ... Talk to your kids. ... Decide on the rules of engagement with your partner. ... Line up support.Jan 17, 2020

Who gets to stay in the house during separation?

One of the spouses, or both, could stay in the home during the divorce. However, there may be cases where only one of the spouse's names is on the title. You might think that this automatically ensures that the spouse gets to stay in the home while the other spouse has to move out.

Is it better to divorce or separate?

Separation can allow you to tackle various aspects of the divorce process, such as establishing a child custody arrangement and dividing marital property, more calmly. Without court fees and timelines hovering over their heads, spouses may find navigating these legal disputes significantly easier during separation.Sep 14, 2020

How long should a marriage separation last?

You and your spouse should agree on how long the separation will last. Ideally, psychologists recommend that a trial separation last no more than three to six months. The longer you spend apart from your spouse, the harder it will be for you to get back together.Jan 5, 2022

How do I separate from my husband in the same house?

Couples who are separated in the same home should consider the following steps to establish their separation:1) Living Separate and Apart. ... 2) Separate Responsibilities. ... 3) Create a Custody Schedule. ... 4) Socialization. ... 5) Memorializing Your Separation.More items...•Apr 6, 2020

What does experience mean in family law?

Experience counts for a lot in family law. A lawyer who has put many years into resolving conflicts will be able to propose more creative and specialized solutions than one who is a newcomer.

Do lawyers have a third party perspective?

While it may take some time for your lawyer to become intimately familiar with your situation, they have the advantage of having a third-party perspective. While your emotional ties to the case may easily cloud your judgment, a lawyer will be able to see the entirety of the situation and make recommendations accordingly.

Is it good to get a lawyer's opinion?

While the answer to this will certainly depend on many different variables specific to your situation, it’s good to get your lawyer’s professional opinion . After hearing of the details, your lawyer will have an idea of if you are likely to find a quick resolution, or if there may be complications that will extend the duration of the case.

Is divorce more difficult than divorce?

Every situation is unique and some divorces are more difficult to resolve than others. If you and your partner are willing to work together, there may be a simple and collaborative solution. If not, your case may require more drastic steps. Either way, your lawyer will be able to give you insight into the legal process that can smooth out misunderstandings and misperceptions.

What can a divorce attorney do for you?

An experienced and knowledgeable divorce attorney will provide you with the tools to communicate better with your spouse. These tools include how to communicate with your spouse, when to communicate with your spouse and how to diffuse conflict.

How to plan your life after a divorce?

If you want to plan your life after a divorce, you should at least have a general idea of how long divorces similar to yours take. This planning will also help you prepare a budget for the cost of divorce. The attorney should truthfully tell you there is no way to predict exactly how long a divorce will take.

What is spousal support?

Spousal support, also called alimony, is either temporary or ordered at the final judgment. Most divorce cases include both temporary spousal support and spousal support at the judgment phase. We are not going to go into a lengthy discussion about spousal support.

What is legal separation?

Legal separation is a type of separation where a couple asks the court to approve their terms for living separate and apart. Spouses can specify these terms, such as how to manage finances and debts, child support and custody, and spousal maintenance, in a Separation Agreement for the court to approve.

Why do couples choose separation over divorce?

Intimacy issues. Abuse, and more. Married couples may choose separation over divorce for financial reasons (e.g. they don’t want to miss out on their spouse’s benefits), for religious reasons, or for their children. They may also believe that reconciliation is a possibility.

Why do couples separate?

Separation is an alternative to divorce for most couples, but it can also be a step towards it. Some common reasons spouses separate include: 1 Money problems 2 Lack of communication 3 Infidelity 4 Intimacy issues 5 Abuse, and more

How long do you have to wait to get divorced?

The waiting period can be anywhere from 1 month to 2 years, depending on the state.

What is spousal support?

Spousal support, or spousal maintenance, is money paid by one spouse to the other after separation. Spousal support is granted based on need, specifically if one spouse needs income to maintain their quality of life until they can get a job .

Is separation easy?

Separation is not easy , and there are bound to be feelings of sadness, anger, confusion, and anxiety. It’s important for each spouse to take time to process their feelings and ensure they have someone to talk to, like a trusted friend, family member, or mental health professional.

Why do couples live under the same roof?

Couples may choose to live under the same roof while separated because they have children or they cannot afford the cost of living separately. Living together while separated can save money and may appear to be in a child’s best interest, but it could also introduce other problems.

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 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.

Where can I get a copy of my marriage certificate?

A copy of your marriage certificate. You can obtain a copy of your marriage certificate from any local courthouse or the Registry of Birth, Deaths and Marriages. If you live somewhere remote or overseas, you can make an application by post.

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.

Can I apply for divorce online?

The Courts now operate online, making it easier for individuals to apply for divorce or for the individual’s solicitor to apply on their behalf. You must sign up for access to the Commonwealth Court Portal, a step-by-step process with an array of questions regarding the marriage and separation.