questions to ask lawyer when separating

Questions for Your Attorney

• My spouse and I have been married less than a year and want to get a legal separation. Have we been married long enough to qualify?
• I definitely want to divorce my husband. Is there any reason I should consider getting a legal separation before seeking a divorce?
• My spouse and I live in different states. Where should I file for a legal separation?

Full Answer

When should I talk to a lawyer about separation?

By talking to a lawyer in the early stages before you separate, and getting informed early you could save yourself from making common mistakes that cause unnecessary stress and tension throughout the separation process. Phillips Family Law is an award winning Family Law practice serving clients across Australia and abroad.

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?

How can a lawyer help with separation issues?

Alternatively, your lawyer often has connections with particular counsellors that deal with separation-related issues and may be able to recommend someone to you. If domestic violence issues are involved and a client is in immediate danger, they should call the police. Otherwise, DV Connect is another service that can assist.

What questions should I ask when hiring an attorney?

If the attorney or law firm you intend to hire does not have a specific and secure method of storing and transmitting that information, you should ask yourself what else are they not diligent about. 2. How will I have access to my file?

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 are the first things to do when separating?

Here's how to file for legal separation.Step 1: Confirm Your State's Residency Requirements. ... Step 2: Move to File for Separation Petition. ... Step 3: Move to File Legal Separation Agreement. ... Step 4: Serve Your Spouse the Separation Agreement. ... Step 5: Settle Unresolved Issues. ... Step 6: Sign and Notarize the Agreement.More items...•

What should I do before separating from spouse?

What to Do to Prepare for Separation or DivorceFind an Experienced Divorce Lawyer. ... Be Certain You Want to Separate or Divorce. ... Gather All Necessary Financial Documents. ... Develop a List of Your Assets and Debts. ... Carefully Consider Your Goals for Child Custody. ... Don't Live Like You're Single. ... Take Household Inventory.More items...•

Who pays attorney fees in divorce?

When a divorcing couple's financial situation is not completely one-sided, courts will sometimes order the spouse with a larger income to pay a percentage of the other party's attorney's fees in proportion to each spouse's income.

How do you calculate fair divorce settlement?

How the court decides what is a “fair divorce settlement” depends on a number of factors, including:Each partner's individual assets.Contributions to the marriage or civil partnership, both financially and emotionally.Time out of the workplace.Earning capacity.Standard of living before the break-up.More items...•

What should you not do during separation?

Here are five key tips on what not to do during a separation.Do not get into a relationship immediately. ... Never seek a separation without the consent of your partner. ... Don't rush to sign divorce papers. ... Don't bad mouth your partner in front of the kids. ... Never deny your partner the right to co-parenting.

Does a husband have to support his wife during separation?

As for spousal support, common-law couples are entitled to spousal support after having lived together for three years, or if they have a child together, as long as the relationship was of some permanence. Married spouses are presumed to be immediately entitled to spousal support, if one spouse has the need for it.

What are the stages of separation?

The Seven Stages of SeparationSeparation Shock and Denial.Anger and desperation.Guilt and Depression.Acceptance.Moving On.

When should you give up on a separation?

Statistical research shows that the average length of separation before reconciliation is six to eight months. Thus, it is a safe period when the spouses can cool off and decide whether they want to give their marriage another chance or get a divorce.

How do I prepare financially for divorce?

7 Ways to Ready Your Finances for DivorceBe wary of well-meaning advice. ... Track expenses — and anticipate future ones. ... Gather documentation. ... Prepare for resistance. ... Refrain from big financial decisions. ... Be conservative when spending and saving. ... Know when to get help.

How do you know it's time to separate?

If there's a lack of alignment between partners, sometimes considering a separation is necessary. A separation is a time when spouses live apart while still being legally married, and usually it's a time when the couple is considering whether the marriage can continue or if they should proceed with a divorce.

What time do you call a lawyer?

( Required field) Morning (8:00AM to 12:00PM) Afternoon (12:00PM to 5:00PM) Evening (5:00PM to 9:00PM) Other. AM PM.

Can you have a substitute executor in your mother's will?

Your mother's Will should have named a substitute executor. If it did not, you and your siblings can ask the court to appoint one. The lawyer who represented your stepfather may be willing to represent you.

Why is it important to ask a divorce attorney about their experience?

First, it will test the divorce attorney's knowledge and experience of the divorce process and divorce law. Second, it will educate you on what specifically the attorney can and will do with you to help mitigate the costs. Do not settle for a generic answer.

What should an attorney explain to you?

The attorney should explain to you the importance of the attorney - client relationship and the privilege in communications. The attorney should explain to you how and why you should not disclose attorney - client communications to any third parties or your spouse. This is a complex topic.

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.

What happens if an attorney cannot provide references to former clients?

If an attorney cannot provide you with multiple references to former clients, that attorney may not have much success representing clients. The former clients should also be types of cases similar to yours. I am not referring to you going through a divorce and getting a referral to a prior divorce client.

What happens if an attorney does not have a solid command of the law?

If the attorney does not have a solid command of the law on these issues, he or she may lack the experience you need. This is especially true if you expect your divorce to be contested and high conflict. Questions to ask a divorce attorney on the first visit about the divorce process. 1.

How often do attorneys communicate?

The more complex the case, the more the communication will likely take place. A typical case has communication between one to four times per month.

Why do you use "likely" in divorce?

I use the word "likely" because there are facts you may not know and which may surprise you during the divorce.

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 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.

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.

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.

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.

Can an attorney handle a high conflict case?

It’s just the stark reality of life that no attorney can handle a caseload that is 100% high-conflict. High-conflict cases tend to take up a disproportionate amount of time, energy, and emotional resources.

What does "complaint for legal separation" mean?

The complaints for legal separation and divorce are a little different. Instead of alleging that there is no way you can save your marriage, you allege that you and your spouse live apart. Also, the caption in your complaint will read “Complaint for Legal Separation” instead of Complaint for Divorce.”.

How long does it take to get divorce papers?

Realistically, the time is closer to 90-120 days. If you are having the sheriff serve your spouse with the Petition for Divorce, the sheriff has 20 days from the date the summons is issued to get service. Once your spouse receives the Petition, he or she has 30 days in which to file an Answer.

How long do you have to live in Nebraska before filing for divorce?

There are two differences between a Legal Separation and a Divorce. Nebraska law requires that at least one party to a divorce has lived in this state for one year immediately prior to the filing of a Petition for Divorce. There is no such requirement for a Legal Separation.

How to get service of divorce in Nebraska?

Service (notice that the divorce was filed) is generally obtained by having the sheriff give a copy of the petition to the other party either at home or at work . Nebraska law provides that service may be obtained by “publication” with approval from the Court.

What should a divorce petition contain?

Every petition for divorce should contain some statement asking the Court to approve of the property and debt division. Many times, parties have been separated for a long period of time and things have already been split between them. In that case the Court simply wants to approve of the division.

What to do if you don't pay your spouse's debt?

If you do pay, all you can do is ask the Court find your former spouse in contempt for not paying the debt and try to collect the money you paid on the debt from your spouse. Again, if you obtain service on your spouse by publication, the Court cannot make any orders regarding property and debt division.

How long does a divorce decree last?

The Decree of Divorce will become final for purposes of appeal 30 days after it is signed. For purposes of continued health insurance and remarriage, the Decree is not final for six months. This means you cannot remarry anywhere in the world for six months after the Judge signs the Decree.

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 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 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.