questions to ask your lawyer when filing for divorce

7 Questions to Ask a Divorce Lawyer When You First Meet – 2022 Guide.

• 1. “What Do You Need to Know About Me And The Situation?”. img source: pexels.co. A lot of individuals struggle to tell their story when they are ...
• 2. “Is There a Way to Make The Process Less Costly?”.
• 3. “What Should I Expect?”.
• 4. “What Do I Need to Do After The Consultation?”.
• 5. “Who Should Move Out?”.

Full Answer

Can anyone recommend a good divorce lawyer?

Communication File security and access References and reviews Delegation of responsibility Cost of divorce Reasonable expectations Your living arrangements Temporary orders Child custody and parenting time Spousal support Child support Attorney's fees requests Divorce process Community and separate property Contested versus uncontested issues

What to discuss with your divorce lawyer?

Jan 14, 2021 · What questions is the lawyer asking you about your situation? This question is your chance to 1) make sure they’ve been hearing you and 2) get insights that could help keep your divorce process moving along without surprises. 5. Talk about payment. This question is especially important if you’re concerned about your financial situation.

What should you look for in a divorce attorney?

Feb 07, 2021 · Keep in mind, you’ll want to be completely honest since it can make or break your entire case. 2. “Is There a Way to Make The Process Less Costly?”. You probably already know that the entire process of getting a divorce is expensive, which is …

What are the best questions to ask a lawyer?

Feb 24, 2022 · Questions to ask your divorce attorney: During your consultation, you should ask about strategy and costs. Be sure to ask what costs are expected you need to hire experts such as forensic accountants or psychologists. Legal separation vs. divorce: An attorney can help you understand the difference between legal separation and divorce. Legal separation varies by …

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 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

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 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 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 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.

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.

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.

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.

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.

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 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.

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.

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.

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 to do if your marriage is non abusive?

If the current state of your marriage is non-abusive but making you unhappy, you should seek professional help to determine whether you are going through a rough patch or whether ending your marriage is the only way to move forward.

What to do if you are trying to work out your marital problems?

If after trying to work out your marital problems there is no solution but divorce, you must prepare yourself for the next steps and be as informed as possible. Surround yourself with a network of support and seek legal advice before any major decision.

Why is it important to understand how your property is characterized if you chose to proceed with divorce?

It is important to understand how your property is characterized if you chose to proceed with divorce because it will help you determine if you need to file a lis pendens (see below for more detail). The American Bar Association family law quarterly publishes an outline the law regarding property division by state. 9.

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.

Can you move out of your home without an attorney?

Moving out in non-violent relationships: Moving out of your home without talking to an attorney could hurt your custody claim, as it could be viewed as abandonment. 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.

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.

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.

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.

Can juggling work and divorce take its toll?

Juggling work, a family and a divorce can really takes its toll on people. If you’d prefer to work remotely with your lawyer, this is a question worth asking at your initial meeting. 21.

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.

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.

What to discuss with a divorce lawyer?

During your first meeting with a lawyer, you can discuss potential strategies to better manage the cost of a divorce. Of course, the cost does not all depend on you or your lawyer – your spouse and his or her lawyer will play a big role in the ultimate cost. 3.

What is the process of filing for divorce?

The process includes filing for divorce, serving or notifying the other party, gathering information, possible temporary orders to address child custody, support and managing assets during the divorce, and some form of resolution through either a settlement agreement or a court hearing.

Do lawyers need a retainer?

Your lawyer will likely give you a written contract and will require a deposit (a retainer) to take your case. Your lawyer may also require more information from you before he or she can file. Before you leave the meeting, be sure to ask the lawyer what they need from you to effectively prepare for the next steps in your case. 5.

Is divorce difficult?

Divorces are difficult even in the best of circumstances. Every divorce is very different, and the timing and difficulty of the process will depend on the issues that the parties need to resolve and the level of cooperation between the parties. However, most divorces follow a similar process.