what do i take to my divorce appointment with the lawyer

by Jasper Hill 8 min read

Take your last two year’s tax returns to your first meeting with your attorney, along with year-to-date pay stubs for you and your spouse. Bring a list of your monthly living expenses. This past December I had a client show up in my office with a notebook containing all of the above information, along with the backup.

10 things to bring to your initial consultation with a divorce lawyer
  1. Prepare your Schedule of Assets and Debts. ...
  2. Prepare your Income and Expense Declaration. ...
  3. Prepare a list of questions you want to ask the divorce lawyer. ...
  4. Tax Returns. ...
  5. Self-employment documents. ...
  6. List out the relevant facts about your case.
•
Feb 5, 2017

Full Answer

What should I bring to my divorce attorney appointment?

While the documents can seem personal, you should feel comfortable enough with your divorce lawyer that you are comfortable sharing – it will help you and your attorney be ready. Here are some of the most useful documents you can bring: Intake Form.

How well do attorneys prepare for a divorce hearing?

Much of an attorney’s efforts in a divorce hearing depend on how well they have prepared beforehand. If they have done the hard work in advance, they should have a pretty good idea of how decisions will be determined.

What should I tell my new divorce lawyer about my finances?

However, before a judge can finalize a divorce, both spouses need to have a complete understanding of the couple's incomes, assets, and debts. If you can provide the details about your finances at the first meeting with your new lawyer, the meeting will be much more productive.

What kind of attorney do I need for a simple divorce?

A complex divorce may require an attorney who has practiced law for several years. On the other hand, if you have a simple divorce (no children or assets), a younger attorney may meet all your needs. You can check with the state bar association to determine how long the attorney has practiced law in your state.

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What should I ask for in my 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.

How do I prepare for a divorce in PA?

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...

Is dating during separation adultery in PA?

Is it okay to date when you're separated? It is okay, providing you do it right. If you start seeing someone else before you and your spouse decide to divorce or before you physically separate, it is considered adultery.

What is a wife entitled to in a divorce in PA?

A spouse is entitled to alimony only if the court decides that alimony is “necessary.” To decide whether alimony is necessary, how much should be paid, and how long it should be paid, the court must consider many factors – including but not limited to the relative income and earning capacities of the parties, the ages ...

What is the most contentious aspect of divorce?

Dividing up property a couple has acquired throughout their marriage (also known as marital property) can be one of the most contentious aspects of divorce. Luckily, divorce attorneys can help alleviate some of your legal and financial stresses by advocating for a division of property that works in your favor.

Is divorce exhaustive?

As you can see, the above list extensive -- yet, it is not exhaustive. Every divorce is different since every couple enters and leaves a marriage under different circumstances and with different assets. Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all ...

How to prepare for divorce?

2. Prepare your Income and Expense Declaration. The Income and Expense Declaration is the other document included in the Declaration of Disclosure. The IED includes the party’s income, expenses, and must include recent pay stubs of the person filling out the form. 3. Prepare a list of questions you want to ask the divorce lawyer.

How to contact divorce attorney in Irvine?

If you have an initial consultation with our divorce law office in Irvine, feel free to call us in advance at (949) 955-9155 and we will email the form to you. 8. Information about the other party.

What is the most important document in a divorce in California?

The Schedule of Assets and Debts is one of the most important documents in any California divorce case. Every party in every divorce case in California has to complete this form before their dissolution of marriage will be granted by the court.

Why do you need an extra copy of a divorce decree?

Documents and evidence that might be important. Often times dissolution of marriage cases are filed because one or both spouses were not acting properly toward the other party or the children of the marriage.

What is the goal of a divorce consultation?

When having your divorce consultation, the goal is for you get your questions answered. Likewise, it is also the divorce lawyer’s goal to get a better understanding of your situation so they can best advise on next steps for your divorce. This will also help them to provide timelines and expectations with you.

Do you need a prenuptial agreement to get divorce?

If you have a prenuptial agreement, this something you will certainly want to bring as it will help in preparation of a divorce agreement. In addition to agreements relating to your marriage, if children are involved, you may also consider bringing their birth certificates.

Can you get a no fault divorce in Texas?

In the event you are seeking a “fault divorce,” you’ll want to bring any evidence which is considered incriminating. This may include photos, posts on social media, or any other evidence that provides proof of any abuse, cheating, etc. While Texas does allow for “no fault divorces,” this sort of evidence may create weight in your favor ...

Is divorce difficult?

We understand that facing divorce is difficult. More often than not, it brings with it negative feelings and emotions. But you don’t have to face it alone. If you are facing divorce, we encourage you to schedule a divorce consultation with our firm. At the end of the day, you want a positive outcome in your case.

What to do before a divorce meeting?

Before your first meeting remember the 4Ps. Preparation prevents poor performance. As a matter of fact, remind yourself of the 4Ps throughout the divorce process. Before your first meeting, you need to prepare two documents if at all possible. One is simple biographical information– your full name, address, phone numbers, place of employment, ...

What is the first meeting you have with a divorce attorney?

The first category is when you are unhappy in your marriage, know very little about divorce, and want to gather some basic information so you can make educated decisions about preserving or ending your marriage.

How many pages should a divorce narrative be?

If you have decided to file a divorce, or your spouse has filed a divorce against you, your narrative needs to be more detailed — probably three to 10 pages . The next group of items that you will need to bring to your first meeting with you attorney is financial information.

What is a citation in divorce?

You may have been served with a citation — an official document from the court advising you that you have been sued for divorce and giving you a specific time to respond to the court or ordering you to appear in court on a specific date.

Do you know if you are going to get divorced?

You do not really know whether or not you are going to get divorced. You just want to know what your options are. The second category is when you have made the decision to end your marriage and you are meeting with your divorce attorney for the first time because you want to file a divorce.

What happens at your first meeting with a lawyer?

Once you have a contract, you'll schedule your first meeting with your lawyer. What happens at your first meeting depends on what's happening in your divorce case. In some cases, clients hire lawyers after filing for divorce (or receiving divorce papers).

What are the emotions of a divorce?

Many, though not all, divorcing clients experience various emotions when their marriage ends, such as fear, anger, hurt, anxiety, or even depression. They may have to endure constant conflict at home; they may be losing sleep or have deep concerns about how their children will handle the impending divorce news.

What is alimony homework?

At the end of the first meeting, clients generally leave with homework, which includes learning as much as possible about the couple's finances in terms of assets, liabilities, and ongoing expenses.

What is a free consultation?

If a lawyer offers a free consultation, this is your opportunity to meet with and determine whether that attorney is a good match for your case. Free consultations are not the place for in-depth legal questions, so don't go into a consultation expecting the attorney to answer case-specific questions.

What are the issues in divorce?

Review relevant divorce-related issues 1 custody of any minor children 2 child support 3 alimony —whether either spouse should pay and if so, how much and for how long, and 4 division of property and debts.

Can a spouse tell if they want divorce?

Yes. Sometimes, spouses aren't completely sure that they want a divorce but want to know what they can expect if they go forward. The law protects all attorney-client communications, and a client's right to privacy is absolute, so divorce clients shouldn't have to worry about their spouses finding out.

Can a divorce lawyer have children?

On the other hand, if you have a simple divorce (no children or assets), a younger attorney may meet all your needs . You can check with the state bar association to determine how long the attorney has practiced law in your state.

How is a divorce hearing conducted?

How a divorce hearing is conducted. How divorce hearings are conducted will vary to some degree depending on the state, the judge, and the issues that must be decided. Some courts use hearing officers to handle specific procedural issues. Other courts use judges for all matters. Regardless of who handles your case, the hearing will be scheduled, ...

How to be polite in divorce?

Always be polite and ask questions in a very straightforward manner if you don’t know what you should be doing. A certain amount of this is expected. There are specific rules that must be followed, whether you are an attorney, a witness, or a plaintiff or defendant in a divorce hearing. If you can, get to court early and watch how the process plays out.

What are the issues in a divorce?

Just about any issue related to separation or divorce is fair game at a divorce hearing. Some of the issues that are considered include: 1 Temporary custody 2 Temporary child support 3 Temporary spousal support 4 Protective orders/temporary restraining orders 5 Emergency “ ex parte ” orders 6 Issues related to the family home, including who gets to live in the house and who is responsible for paying the bills needed to maintain the house 7 Procedural issues or disputes related to discovery, evidence or witnesses 8 Contempt of court rulings when court orders are not followed 9 Who pays for health insurance 10 Who pays for attorney’s fees 11 Possible court-ordered mediation 12 Possible court-ordered parenting classes 13 Dividing retirement accounts through a QDRO (after the divorce) 14 Settlement updates 15 Trial setting and additional hearings scheduled

What happens after a divorce hearing?

After the hearing is over, the judge will issue rulings on the issues that were presented. These become legal and binding either temporarily, or until the end of your divorce.

What is a divorce journey?

In a divorce journey, it is a stop along the way. It is a procedure to seek clarity about important issues, at least temporarily, until all the terms of a final settlement can be put in place. Depending on the complexity and nature of your divorce, you may need to attend several hearings from start to finish.

What happens at the end of a divorce?

A divorce trial is what happens at the end of your divorce. With a hearing, the judge will consider evidence and testimony on one or more aspects of your divorce, perhaps child custody or visitation or temporary alimony, for example.

What is an ex parte order?

Emergency “ ex parte ” orders. Issues related to the family home, including who gets to live in the house and who is responsible for paying the bills needed to maintain the house. Procedural issues or disputes related to discovery, evidence or witnesses. Contempt of court rulings when court orders are not followed.

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1 – Bring A List of Questions You Have

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As mentioned, this is the perfect time to ask the divorce lawyer about any questions you may want answers to. This may include things such as, “what are my options?” or “what is a realistic timeline for my case?” The more questions you are able to get answered in this time, the better. It help put your mind at ease while al…
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2 – Consider Bringing Pay Stubs

  • It’s common for divorce attorneys to ask how much money both you and your spouse make. When determining items such as child support payments, these will be important pieces of information that will be taken into consideration. By bringing pay stubs with you, this will aid in making more accurate estimates on how much money may be awarded in some cases. If you can, bring pay s…
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3 – If You Have Tax Returns, Bring These

  • Sometimes it’s understandably a little tough to round up three months worth of pay stubs. If you are unable to, a tax return may actually be even more helpful, since it’s gives a better picture of yearly income and your financial situation. To obtain a copy of your tax return you may do so online directly from the IRS website here.
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4 – Bring Prenuptial Agreements and Other Documents Related to Your Marriage

  • If you have a prenuptial agreement, this something you will certainly want to bring as it will help in preparation of a divorce agreement. In addition to agreements relating to your marriage, if children are involved, you may also consider bringing their birth certificates. Documents such as these can assist in the event there are questions involving custody, or if your case ends up goin…
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5 – Any “Incriminating” Evidence

  • In the event you are seeking a “fault divorce,” you’ll want to bring any evidence which is considered incriminating. This may include photos, posts on social media, or any other evidence that provides proof of any abuse, cheating, etc. While Texas does allow for “no fault divorces,” this sort of evidence may create weight in your favor if you are seeking specific awarding in your divorce, su…
See more on whitleylawfirmpc.com

Scheduling Your Divorce Consultation

  • We understand that facing divorce is difficult. More often than not, it brings with it negative feelings and emotions. But you don’t have to face it alone. If you are facing divorce, we encourage you to schedule a divorce consultation with our firm. At the end of the day, you want a positive outcome in your case. You can rest assured that with our legal staff, you will be in good hands a…
See more on whitleylawfirmpc.com