One of the big questions to ask a divorce lawyer is about mediation. A mediator is a professional who can help you and your spouse reach an agreement without having to go to court. You may be able to meet with your mediating attorney in-person or via video or phone.
If that transmittal is outdated or not secure, you should ask yourself about that attorney or law office's sophistication and technology and security. 1. How will you keep my file secure? The family law firm you intend to hire should have a system in place to keep their clients' files secure.
The divorce attorney should also explain to you whether, from a first impression, you have the kind of case that will likely settle or proceed to court. This is not predicting the future. This is the attorney being candid with you about his or her first impressions.
ot every method is proper for every case. The divorce attorney should also explain to you whether, from a first impression, you have the kind of case that will likely settle or proceed to court. This is not predicting the future. This is the attorney being candid with you about his or her first impressions.
However, if you're facing a contested divorce case that involves substantial assets, complicated financial questions, or a complex custody dispute, you should look for an experienced attorney that specializes in family law and has experience with the particular issues involved in your case.
What happens at the meeting?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.Liabilities from the start of the marriage and;Whether your divorce is likely to be contested or uncontested.
Ask the attorney what experience they have had in similar matters....You should be aware of what will be involved going into the representation.What Communication Will You Have With Me? ... What Will I Be Required To Do? ... What Is This Going To Cost Me? ... How Long Will It Take To Resolve The Matter?
The 12-Point Divorce Checklist For CaliforniaEnsure you have a support network in place. ... Organize your financial and family documents. ... Conduct an inventory of your assets and liabilities. ... Devise a custody plan. ... Decide on where you'll live. ... Investigate your spouse. ... Update your personal information.More items...
10 things to bring to your initial consultation with a divorce...Prepare your Schedule of Assets and Debts. ... Prepare your Income and Expense Declaration. ... Prepare a list of questions you want to ask the divorce lawyer. ... Tax Returns. ... Self-employment documents. ... List out the relevant facts about your case.More items...•
12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•
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...•
In California, a wife may be entitled to 50% of marital assets, 40% of her spouse's income in the form of spousal support, child support, and primary child custody. These entitlements are based on the marriage's length and each spouse's income, among other factors.
There really is not distinct advantage during the pendency of a divorce case to be the Petitioner or the Respondent. Most legal experts believe that there is little legal advantage to who files first because California is a no-fault divorce state, so the court really doesn't care who files the petition first.
California is a community property state, not an equitable distribution state. This means that any assets or property gained during the course of a marriage belong equally to both spouses and, therefore, the property must be equally divided between the two spouse by the court 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...•
10 Steps You Should Take To Prepare For Divorce In PennsylvaniaCancel all joint credit accounts. ... Close joint bank and investment accounts. ... Change your direct deposit and cancel automatic deductions from bank accounts. ... Secure important and/or valuable personal property. ... Secure all important financial documentation.More items...
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?
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.
If you want to plan your life after a divorce, you should at least have a general idea of how long divorces similar to yours take. This planning will also help you prepare a budget for the cost of divorce. The attorney should truthfully tell you there is no way to predict exactly how long a divorce will take.
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.
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.
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.
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.
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.
Are you certified as a California Family Law Specialist? There are many attorneys who practice in various areas of law. It’s imperative that you hire an attorney who limits their practice to family law.
Based on the facts of my case, how long do you think it will take to resolve my case? What is your plan for resolving my case and what kind of strategies would you use?
What are the hourly rates for you and the other people working on my case? Do you require a retainer?
Please answer a few questions to help us match you with attorneys in your area.
We've provided a few questions you might consider asking during your initial interview with a family law attorney. These may help you determine whether this lawyer is right for your case.
You would not want to go into the operating room with a surgeon who had only seen a few patients. It is the same with attorneys. You want someone with expertise that can understand the unique circumstances of your family law case and advise you on how to deal with them.
While every lawyer is different, and there’s no guarantee of results, there are certain processes and protocols that attorneys commonly follow. A skilled lawyer should be able to give you an idea of what to expect and provide timelines of cases similar to yours.
Maybe you prefer face-to-face meetings, or would rather talk on the phone than send an email. It is important that you find out how your lawyer prefers to communicate, and make sure that it aligns with your wants and needs
Some lawyers work alone, while others will utilize associate attorneys, paralegals and third-party providers. You do not want to hire a divorce attorney you think is ideal for you only to find out that he or she will be passing your case off to someone else.
From paycheck stubs to mortgage statements, organizing relevant documents is a key part of being prepared. A potential family law attorney should be able to give you an idea of the documentation that will best support your case.
While your attorney likely will not be able to give you an exact number, learning how they bill clients (e.g., hourly, fixed fee) and deal with additional third-party costs (e.g., filing fees) will give you an idea of the money you’ll have to spend if you work with them.
A retainer is a lump sum payment that you pay to a lawyer to secure their future legal services.
When you meet with a divorce lawyer, you must learn how much experience they have practicing family law. Some divorce cases are quite complex and are more than just about legally ending a marriage. Divorce lawyers have to deal with the division of assets, child custody, child support, and more. You must learn how much experience potential divorce ...
If you decide to hire the divorce attorney after the meeting, you talk to the attorney about the next steps. The attorney will give you detailed instructions on what documents to gather so they can start the divorce process. They might also advise you on things you shouldn’t do not to complicate the process.
Because you only have a short period of time to talk about your situation, you should ask the lawyer what information they need from you. This way, you will tell them the most important information they need to know about your case. You will be able to fill in the details later. 4.
When you’re going through a divorce, you must ask the divorce attorney if you will need to go to court based on your case. If you and your spouse cannot agree on the division of assets or child custody, the attorney might recommend going to court.
Because no two divorce cases are the same, you cannot compare your case to anyone else. The best way to know what you can expect from the divorce process is by talking to your attorney about it. 5.