what are question in the first meeting with tn lawyer for divorce

Here are some of the most common legal questions and issues that come up during a divorce in Tennessee: Property Issues Alimony and Child Support

Full Answer

How is a settlement reached in a divorce in TN?

What are the grounds for divorce in Tennessee? There are a number of grounds that divorcing spouses can allege in Tennessee, including these: Impotence; Abandonment; Maintenance of separate residences for childless couples, with no cohabitation, for two or more years; Bigamy; Adultery; Willful or malicious desertion for at least one year

What questions to ask a divorce lawyer?

Inappropriate marital conduct; Willful or malicious desertion for one full year without a reasonable cause; Conviction of a felony; Pregnancy of the wife by another before the marriage without the husband’s knowledge; Refusal to move to Tennessee with your spouse and living apart for two years;

Can a divorce attorney tell me what the typical and results are?

May 11, 2015 · Modifying and Enforcing Divorce Decrees; Steps and Stages of a Divorce Trial; Mediation and Settlement in the Divorce Process; Determining Your Roles in the Parenting Process During a Divorce; Role of Discovery in Divorce Proceedings

How do you serve a summons in a divorce case?

Know the law and communicate with the client how it may apply in that situation. Suggest strategy in procedure, investigation, discovery, negotiation, and trial. Explain property division by identifying, classifying, and valuing assets and debts. Determine income in terms of historical earnings and earnings capacity.

What should I ask at my first divorce consultation?

In your first meeting, you should provide the lawyer with information about many issues related to your family, including:Length and place of marriage.History of your marriage and how your marriage broke down.Your income and that of your husbands.Information about your children.Your marital assets.More items...

What questions should I ask my first consultation lawyer?

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 a wife should ask for in a divorce?

There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education.

What are some good questions to ask a lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

What are the grounds for divorce in Tennessee?

In Tennessee, we have two types of divorces: uncontested, which is usually irreconcilable differences, and contested, which requires proof of groun...

How much does a divorce cost in Tennessee? Can I afford it?

It is difficult to estimate the cost of a divorce. For some divorcing couples, the cost is minimal. For others, it is very expensive. Three big fac...

Do I really need to hire an attorney for a divorce in TN?

You do not have to hire an attorney. However, it is strongly recommended you do. If you have children, your divorce will forever change your parent...

Does Tennessee grant divorces based on marital fault?

Yes. If divorcing spouses do not agree to get divorced, the spouse seeking the divorce must prove grounds. Related Article:  The Pros And Cons Of A...

Is Tennessee an alimony state? Does Tennessee have spousal support?

In Tennessee, we refer to maintenance as “alimony.” There are several different types of alimony. The factors for determining alimony are: In deter...

How are assets divided in a divorce in Tennessee? Is TN a 50/50 state for divorce?

Tennessee is an “equitable distribution” state.  This means that once property is classified as marital or separate, the trial court must divide ma...

Can I change my name at the time of divorce in Tennessee?

Yes, you may change your name at the time your divorce decree is entered. In fact, if you think you may want to change your name this is the easies...

Can I get an annulment in Tennessee?

If a marriage is annulled, the marriage is treated as if it never existed. Marriages can be void or voidable. A marriage is voidable if: either par...

How long do you have to be separated to get a divorce in Tennessee?

You can file for divorce at anytime in Tennessee. There is no waiting period in Tennessee. Related Article:   I’m In A Hurry: How Fast Can I Get Di...

How long can a divorce last in Tennessee?

In Tennessee, if divorcing spouses have minor children a divorce cannot be granted for at least 90 days after the Complaint for Divorce is filed. This is referred to as a “cooling off” period. If the parties do not have minor children, a divorce can be granted 60 days after the Complaint for Divorce is filed.

How much does it cost to file a civil case in Tennessee?

The cost of filing a civil case in the state of Tennessee (including a complaint for divorce) is usually a few hundred dollars. However, this cost can vary depending on whether the couple has children and other factors related to the marriage and filing process.

What is inappropriate marital conduct?

Inappropriate marital conduct; Willful or malicious desertion for one full year without a reasonable cause ; Conviction of a felony; Pregnancy of the wife by another before the marriage without the husband’s knowledge; Refusal to move to Tennessee with your spouse and living apart for two years;

What are the grounds for contested divorce?

The grounds for a contested divorce are: Adultery; Habitual drunkenness or abuse of narcotic drugs; Living apart for two years with no minor children; Inappropriate marital conduct;

What are the factors that determine alimony?

The factors for determining alimony are: In determining whether the granting of an order for payment of support and maintenance to a party is appropriate , and in determining the nature, amount, length of term, and manner of payment, the court shall consider all relevant factors, including:

What is a void marriage?

Void marriages are serious violations of public policy. A marriage is void if either of the parties is already married (bigamy), the parties are closely related (incestuous), or if either party has been adjudicated insane at the time of the marriage ceremony.

What is the relative education and training of each party?

The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party’s earning capacity to a reasonable level; The duration of the marriage;

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.

How to be a lawyer?

Typical legal services and tasks performed include: 1 Consult with the client, listen to the client, and review material presented by the client. 2 Advise the client about what to expect by discussing how aspects of the case can go well and how aspects of the case can go wrong. 3 Know the law and communicate with the client how it may apply in that situation. 4 Suggest strategy in procedure, investigation, discovery, negotiation, and trial. 5 Explain property division by identifying, classifying, and valuing assets and debts. 6 Determine income in terms of historical earnings and earnings capacity. 7 Evaluate, propose, and negotiate alimony claims. 8 Advise regarding parenting time and child support based on the client’s situation. 9 Know and suggest expert witnesses and appraisers. 10 Direct the investigation by professionals including private investigators and expert witnesses. 11 Prepare, review, and file court pleadings. 12 Lead settlement negotiations and suggest offers and counter-offers. 13 Advise regarding mediator selection and preparation. 14 Attend mediation and direct negotiations and related strategies. 15 Prepare the client and some witnesses prior to testifying. 16 Take and defend depositions. 17 Prepare for and attend court appearances including motions, petitions, and trial. 18 Assist clients with and patiently talk through tough decisions.

Is there a perfect lawyer?

There is no “perfect” lawyer. Trust your intuition. If a situation does not feel right, it may be wrong. Run, don’t walk, away from any lawyer who acts like you are lucky to be his or her client.

Can a divorce lawyer represent you?

Yes. Generally, your family law attorney will only represent you in your family law dispute and not any other legal matter, not even a traffic ticket. A lawyer should not guarantee results. Lawyers may not act illegally or unethically. Additionally, most lawyers will not act against the best interests of children. Although not set in stone, some lawyers and judges believe that divorce lawyers have a legally enforceable duty to act only in the best interests of the children.

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.

Why do people use domestic violence injunctions?

Many parties use domestic violence injunctions or restraining orders in order to try to build up a child custody case.

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.

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.

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 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.

What happens at the end of a divorce in Tennessee?

At the end of Tennessee divorce cases which are settled, one party will go to court to receive the divorce on the grounds of irreconcilable differences. Most of the time this is a very simple legal process. In Tennessee, one attorney will prepare a series of documents including the Final Decree of Divorce. Once the case is called, the divorcing ...

What to say to a judge?

Always say: “Yes, sir,” or “No, ma’am,” to the judge. Judges and chancellors should be addressed as “Your Honor.” Never argue with anyone. That is what you pay your lawyer to do. Do not tell jokes or say anything sarcastic. If you think that you have given an incorrect answer, at any time you can ask the court to allow you to go back to a prior question so that you can correct your testimony.

What to do if you don't understand a question?

If you do not understand a question, ask for the question to be repeated. Lawyers often ask confusing questions. Sometimes, the questions are not even intended to be confusing. When in court, speak to the judge. If you think you are speaking too fast, stop, pause for a second or two, slow down, then finish your answer.

What should women wear in court?

Women should wear as little makeup as possible and very little jewelry. Never wear tennis shoes, tee-shirt, shorts, sexually suggestive attire, or any jewelry or pendants that make political or religious statements. Prepare for court by reviewing important documents the night or morning before court.

What to wear to court appearances?

If you have questions about what clothes to wear, wear clothes which you are considering wearing for court appearances to your lawyer’s office. Men should always wear a tie and no jewelry, other than a watch or one simple ring. Women should wear as little makeup as possible and very little jewelry. Never wear tennis shoes, tee-shirt, shorts, sexually suggestive attire, or any jewelry or pendants that make political or religious statements. Prepare for court by reviewing important documents the night or morning before court.

Is it normal to be nervous in a divorce case in Tennessee?

In Tennessee divorce cases, court appearances and depositions make most clients very nervous. It is o.k. to be nervous. Your lawyer can work with you to make sure everything is all right. You will not be judged on your performance. You will not be judged on how fast or cleverly you speak. You will be judged on your credibility.