questions to ask lawyer when considering divorce with minor kids

Consider asking yourself if there is any possible way you can work the situation out and sort the resentments for your kids? How would it impact the present and future of our child (ren)? Probably listing the pros vs. the cons of staying in a marriage can help you identify whether a divorce is necessary or not.

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What questions to ask a divorce lawyer?

Below is an exhaustive list of questions that you should ask the divorce lawyer you meet with before seeking legal advice. Feel free to skim and take the ones you want! Have Other Questions To Ask A Divorce Lawyer? How do you charge for your services?

What questions should I ask my child custody attorney?

If you have a question about a specific aspect of child custody such as move away requests, ask the attorney what California law states about move away requests. Whatever is on your mind should be in the form of a question to your attorney regarding California family law.

Should I go to court for my divorce?

For the vast majority of people, the best divorce cases are the ones that are settled by agreement. For a minority of cases, especially ones with domestic violence or other issues of impaired parenting, a beeline for trial is the best course of action. Do you see going to court as a last resort or as a first resort?

Can I talk to my spouse about my divorce attorney?

However, speaking with your spouse about the divorce does not mean you speak with your spouse about what your attorney told you and/or what you told your attorney. 4. How can I keep communication between my spouse and me amicable? You should strive for amicable communication.

What moms should 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 should a woman ask for in a divorce settlement?

A detailed parenting-time schedule—including holidays! It's in your best interest, and more importantly in the best interest of the children, that you have a detailed schedule in an attempt to avoid issues down the road. This parenting-time schedule is an extremely important thing to ask for in a divorce settlement.

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...

What should I ask for in a divorce in Texas?

Questions to Ask a Divorce Lawyer in TexasHow Will You Charge?What Part of the Divorce Process Can I Handle on My Own?What Are the Laws Regarding Property Division, Alimony, and Child. Custody?What Should I Be Doing Now?Do I Really Need a Lawyer?

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim 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.

What is a fair split in divorce?

The Court will normally consider a 50/50 split of the matrimonial assets when dealing with a long marriage following the 'yardstick of equality'. With short marriages, capital contributions become more relevant in deciding how assets are divided in a divorce. Age is also an important consideration.

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...•

What to do before deciding on divorce?

17 Things To Consider Before Asking for a DivorceWhy Do I Want It? ... Do I Still Love My Partner? ... Am I Rational or Emotional? ... Am I Reasonable? ... Have I Made My Feelings Clear? ... Is There Anything My Partner Can Do to Change the Situation? ... Have I Tried Everything I could? ... Is This the State or a Stage?More items...

What to do 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...

How much is a divorce with a child in Texas?

In the same year, the average cost of divorce with children in Texas was $23,500. The price depends on several factors. Well, time changes and costs increase. It depends on the case's difficulty, and if you have never gone through the divorce before, it will be challenging.

What is a wife entitled to in a divorce in Texas?

The answer is that women's rights in a divorce in Texas are the same as men's rights. Whether it be an award of spousal support or the just division of marital assets (called community property), both parties are subject to the same rules and considerations imposed by Texas courts.

How long does a divorce take in Texas with child?

How long will my divorce take? In almost all cases, you must wait at least 60 days before you can finish your divorce. When counting the 60 days, find the day you filed your Original Petition for Divorce on a calendar, and then count out 60 more days (including weekends and holidays).

What are the rights of a woman after divorce?

A wife has the legal right to stay in the matrimonial home under any circumstances i.e even after her spouse dies. If there's a case of divorce, the woman may choose to live in her matrimonial home until there is a proper place for her to move in. she can legally stay in that home if she wants to.

How is property settlement calculated in a divorce?

How to calculate a fair settlementMake a list of assets and liabilities.Assess the initial contributions of each party.Consider the length of the relationship.Determine whether or not any assets or liabilities should go together or in separate pools.Deduct the liabilities from the assets to get the total property pool.More items...

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.

What does wife get after divorce in India?

The wife will be authorised to a 50% share of the husband's property, including his ancestral property. She also has the right to reside in the couple's marital home and to be provided for and maintained by her husband.

What can a lawyer do for my child?

A skilled and experienced attorney can help you understand your rights, prepare your custody claim and negotiate with the other parent. Even if you and your ex amicably decide on the custody, your lawyer can help with the paperwork and the filing of the case.

What to do when child custody comes into the picture?

When the matter of child custody comes into the picture, you may want to be extra cautious in making your moves. A good divorce attorney can help you in your cause so it will be prudent to consult him/her at every step. Ask him/her the above questions to ensure that you have a sound understanding of your situation, ...

What is child support?

Child support is money paid to a parent with the custody to help cover the child’s expenses (food, shelter, clothes). In some states, certain set guidelines enable courts to arrive at a fair and sufficient child support amount. Other states award child support based on case facts.

What are the factors that determine custody?

Typically, child custody decisions are based on the best interest of the child. A number of factors come into play here. Most of these vary by state, but commonly include the following: 1 The quality of the child’s relationship with each parent 2 The age and health of the child and each parent 3 The emotional and developmental needs of the child 4 The home environment of each parent 5 The ability and disposition of each parent to fulfill the child’s emotional and physical needs 6 The level of the child’s involvement in his/her school and community 7 The willingness of parents to co-parent 8 Evidence of child and/or domestic abuse

What does it mean when you have legal custody of your child?

When you have legal custody of your child, you’re entitled to make decisions on behalf of your child. When you have physical custody, it means your child can live with you. A parent can have legal custody even if he/she doesn’t have physical custody. Hence, gain complete knowledge of the various custody options available to you, ...

What are the factors that determine the best interest of a child?

Typically, child custody decisions are based on the best interest of the child. A number of factors come into play here. Most of these vary by state, but commonly include the following: The quality of the child’s relationship with each parent. The age and health of the child and each parent. The emotional and developmental needs of the child.

What is the emotional and developmental needs of a child?

The emotional and developmental needs of the child. The home environment of each parent. The ability and disposition of each parent to fulfill the child’s emotional and physical needs. The level of the child’s involvement in his/her school and community. The willingness of parents to co-parent.

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 ...

Is divorce stressful?

The entire process of getting a divorce is stressful, complex, and extremely difficult for all parties involved. However, by talking to your lawyer and asking them the aforementioned questions, they’ll be able to explain what you’ll have to expect during the process, as well as how it will look like.

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.

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 does it mean to file for child custody pro se?

When you file for child custody pro se, it means you represent yourself while in court. Even if you have gone through the process before, you should seek the counsel of a qualified family law attorney. This is particularly important if your ex has legal representation.

What happens if you don't agree with a parenting time schedule?

If parents are unable to agree, the court intervenes and creates a schedule based on the child’s best interests. 6.

What is the difference between legal custody and physical custody?

Legal Custody? If you are given legal custody of your child, you make decisions on their behalf. If you have physical custody of your child, it means the child lives with you. Parents may have legal custody, even if they don’t have physical custody. As a result, you need complete knowledge ...

When do you have to have a temporary custody order?

Some states require you to have a temporary child custody order during the time between your separation and your divorce of the couple. There are other situations; this is advisable.

Can a child custody case be bitter?

Any child custody case may become complicated and bitter if emotions begin to run high. An experienced and skilled attorney can help you understand your rights and help you prepare for the custody claim.

Is custody based on gender?

However, today, laws have been changed to be gender-neutral. What this means is that the law regarding custody doesn’t lean to one parent over the other based on their gender alone.

Can a parent have legal custody?

Parents may have legal custody, even if they don’t have physical custody. As a result, you need complete knowledge of the custody options available, such as bird’s nest custody, shared custody, sole custody, etc. An attorney can help you figure out what choice is right for your situation. 2. What Factors Do the Courts Consider When Deciding on ...

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.