what a lawyer will tell you during divorce

Full Disclosure: What Every Divorce Lawyer Should Tell You

• Full Disclosure Is Required. Financial disclosure will be required at various stages during the divorce, and failing to...
• Never Withhold Financial Information. Any divorce lawyer will tell you that it is never a good idea to purposefully hide...
• Understand the Information You Need to Disclose. Understanding what...

Full Answer

Should I tell my divorce attorney everything about my marriage?

Here are four important pieces of information that you should receive from your attorney. Case Overview. Before your case begins, your attorney should give an overview of the divorce process so you know what to expect. It is important to know the pros and cons of your divorce case and to be frank about the cons.

How do I know what to expect from a divorce?

Sep 02, 2015 · Full Disclosure: What Every Divorce Lawyer Should Tell You Full Disclosure Is Required. Financial disclosure will be required at various stages during the divorce, and failing to... Never Withhold Financial Information. Any divorce lawyer will tell you that it is never a good idea to purposefully ...

What should a divorce lawyer tell you about full disclosure?

Aug 27, 2020 · The attorney needs to know whether or not you or your spouse wronged one another, especially as it pertains to finances or domestic violence. If your spouse was abusive, he or she may owe you financial compensation in the form of additional alimony, or even in additional assets during the property division stage.

Do I need a family lawyer for a divorce?

Some of the information that we could ask for during a consultation includes, The basic facts of your relationship, including how long you’ve known each other. Why you, your spouse, or both of you want to divorce. What your problems are, when …

What should be included in a marriage list?

All debts. All assets. Any items that are jointly owned with your spouse should be included on this list. Personal property should also be listed, including any property that you owned before the marriage and any gifts or inheritance that you received during your marriage.

What happens if your spouse withholds financial information?

If your spouse or your spouse’s attorney believe that you might be withholding financial information, you may receive interrogatories and document requests – even if you are being 100% truthful.

What are the requirements for financial disclosure?

The initial or preliminary financial disclosure will require each spouse to divulge the same information. This includes: 1 All expenses 2 Income from all sources 3 All debts 4 All assets

What documents are needed for a financial affidavit?

When creating the financial affidavit, the attorney may require you to provide supporting documents for your financial information. Supporting documents may include : Copies of deeds and mortgages. A copy of the ante- or pre-nuptial agreement, if applicable. Pay stubs or statements for the previous three months.

Do you have to disclose all assets during divorce?

Financial disclosure will be required at various stages during the divorce, and failing to divulge all of your assets or debts can land you in hot water. Financial Statements do fall under the pains and penalties of perjury, and must be complete, true and accurate. To be complete, true and accurate, you must disclose all of your assets, ...

Honesty is the best policy

You’ll want information from us and we’ll give that to you as best as we can. We will also want information from you. Just as you want us to be honest, we want you to be honest too.

Information we may want from you

Some of the information that we could ask for during a consultation includes,

Contact us and schedule a free consultation

Cravens & Noll represents clients in the Richmond, Chesterfield, Henrico and Harrisonburg areas in all aspects of divorce, including negotiation, mediation and taking a case to court. We give our clients the opportunity to explain their situation and concerns and talk about the goals they’re seeking.

What to tell your lawyer about prenuptial agreements?

Absolutely tell your lawyer about any prenuptial agreements you signed or those you verbally agreed to before your marriage. This includes any type of agreement you might not have known was official, such as a napkin you signed when you and your spouse were out to dinner during engagement planning. The courts take written contracts very seriously in any capacity. The same is true for any postnuptial agreements you signed. These contracts can change the outcome of your divorce case and are critical information to give to your lawyer.

What happens if my marriage ends?

If your marriage ends, the status of a spouse who is an immigrant can change. Tell your lawyer if you or your spouse is not an American citizen, so he or she can offer help and advice for what to do after the finalization of the divorce. There may be immigration laws you need to take into account to keep you or your spouse’s status legal.

What to discuss with a divorce attorney?

You will want to discuss sole or joint custody of the children, standard visitation or shared custody of your children, who is likely to be responsible for paying child support, how much that might be, whether your spouse is eligible for spousal maintenance, and the division of your community estate. Make certain you share with your attorney any facts that might favor you getting a larger share of the community estate, such as higher income earned by your spouse, health issues, disability, separate property of both spouses, and whether there has been spousal abuse.

How to share facts with divorce lawyer?

It’s important to share all relevant facts with your divorce attorney so he or she can prepare for and deal with potential problems. Even if you think a particular fact is irrelevant to your divorce, make certain to mention it to your attorney so he or she can decide whether the item could create a problem down the road. You don’t need to tell your attorney everything about your marriage and children, but make certain to share all items relevant to the issues of your case. If you are in doubt about what your attorney needs to know, get guidance on what’s relevant.

Why is it so hard to be honest in divorce?

It’s difficult to be totally honest because the issues are personal and can be embarrassing. Even when you know conversations with your attorney are confidential, some things make you feel ashamed so you are reluctant to be totally open about ...

Can you bring a friend to a divorce meeting?

Bringing a friend to the meetings with your attorney may destroy attorney-client privilege. Being in a hurry will put you at a disadvantage and may increase the cost of your divorce. Never say never, because you will likely have to change your mind during the course of the divorce process.

What is collaborative divorce?

A collaborative divorce is a cooperative process where an experienced team guides you through your divorce with minimal stress and expense. Litigation is an adversarial approach to divorce and involves going to court, presenting evidence, ...

How to reconcile a marriage?

Making a marriage work can be challenging, especially when one spouse is considering divorce. It takes time and effort to rebuilt a relationship, but if both spouses are committed to making the marriage work, reconciliation is possible. 1.

Where is Harry Munsinger?

He has over twenty years experience resolving disputes involving divorce, probate, wills, and trusts. Harry was an adjunct law professor at the University of Texas and St. Mary’s University. He has published several textbooks and over forty psychological and legal articles. Harry has been a forensic psychology expert, a licensed psychologist and a litigator.

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.

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.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

How much does a divorce cost?

Contested divorces cost anywhere from $15,000 to $30,000, though there are plenty of ways to limit the staunch the outward flow of cash before and during the process.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

Is divorce law firm bigger than solo practice?

In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

What is a good attorney for divorce?

An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters. In more contentious divorces, an attorney can make sure that your interests are represented in court.

How to prepare for divorce?

If you’re thinking about divorce, you need to immediately begin to set aside money for the all the expenses involved. Make copies of all your financial documents and legal records before your divorce proceedings begin.

Can you use your kids to manipulate your spouse?

This should go without saying, but unfortunately, it still happens, even unintentionally. Check your own behavior and don’t use your kids to punish or manipulate your spouse. In the end, this will cause resentment and have a negative impact on the relationship you have with your children.

Is it normal to want to tell someone about divorce?

Emotions are running high, it’s perfectly normal to want to let others know what’s going on in your life. You may desperately want support, you may not want to suffer in silence, or you may just want to punish your partner and embarrass them. This doesn’t mean that you have to keep your a divorce secret from everyone, you just need to decide who you tell and why.

Can attorney fees be expensive?

Yes, attorney fees can be costly, and add up quickly. But your attorney may not tell you what you can do to keep them down unless you ask. You should ask, because there are some simple things you can do to reduce your attorney's workload, and more importantly, save yourself some money.

Do divorce cases go to trial?

Remember the first secret above: most divorce cases don't go to trial. An aggressive attorney can actually get in the way of a productive settlement, extending the case and billing more hours by stirring up hostility and "churning" the file.

Is child support an issue in California?

In almost every California divorce, property division is an issue, and if you have children, child support will be an issue, as well as possibly spousal support. All of those matters require your attorney to have information about your income and/or assets.

Is divorce expensive?

Even if you do everything possible to keep your legal bill down, there are no two ways around it: divorce is expensive. Your attorney probably won't be able to tell you exactly how expensive, because that will depend on how your case unfolds.

Do aggressive divorce attorneys go to trial?

Remember the first secret above: most divorce cases don't go to trial. An aggressive attorney can actually get in the way of a productive settlement, extending the case and billing more hours by stirring up hostility and "churning" the file.

Do divorces end in a settlement?

A divorce is a lawsuit, and we usually think of lawsuits as ending in a trial. However, many, if not most lawsuits end in a settlement. This is especially true of divorce, where upwards of 90% of cases settle—and some reports place that figure in the 95-97% range.

Disclose All Relevant information.

Provide A Written History of Your Marriage.

• It’s helpful for your attorney to have a written statement outlining the important facts in your marriage, including how you met your spouse, when you married, the names and ages of your children, your education, where you work, critical events in your marriage, what you think caused the divorce, and who wants the divorce. A good way to organize th...

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Share Sensitive information.

Issues to Discuss.

Things Not to say.