what documents do you need to take to divorce lawyer

• Financial documents. Some of the most important documents your attorney will want to review relate to your financial situation.
• Business information. • Financial statements from the past three years.
• Documents relating to physical assets. Many couples have accumulated significant physical assets over the course of a marriage. ...
• Current estate planning documents. Your attorney will want to review any current estate planning documents you have, should something happen to you during the divorce.
• Potentially harmful evidence. While some divorces are amicable, it generally will not serve you well to assume that yours will be.
• A list of questions. Finally, you should put together a list of questions that you have for your divorce attorney. ...

Full Answer

What should I look for in a divorce attorney?

You'll need to decide whether:

• you can handle your own divorce case through a do-it-yourself (DIY) method
• you want to try mediation (with our without an attorney) to resolve disputed issues, or
• you need to hire an attorney to represent you through settlement and/or in court.

What does it take to become a divorce lawyer?

Becoming a divorce lawyer takes seven years of formal higher education, including a four-year bachelor’s degree and a three-year law degree. Read on to learn more about required education, skills and career statistics. Is becoming a lawyer difficult? 1. The challenging years of law school. The process of becoming a lawyer isn’t for the ...

What documents are required to file for divorce?

To apply for a divorce you’ll need:

• your husband or wife’s full name and address
• your original marriage certificate or a certified copy (and a certified translation if it’s not in English)
• proof of your name change if you’ve changed it since you got married - for example your marriage certificate or a deed poll

Do I really need an attorney for my divorce?

Your spouse may tell you that you do not need an attorney, or that you both can retain one attorney to complete your divorce. However, one attorney cannot represent both spouses in a divorce, since both you and your spouse have conflicting interests. It is important to keep in mind that your spouse’s interests moving forward do not necessarily align with yours. The safest course of action is to seek your own attorney for advice before signing any documents.

What do I need to do if I want a divorce?

Top 10 Things to Do Before You File For a DivorceNever Threaten to Divorce Until You Are Ready To File. ... Organize Your Documents. ... Focus on Your Children. ... Make Sure You Have Three Months of Financial Resources. ... Obtain the Best Legal Advice You Can Get. ... Make Sure You Have Available Credit.More items...

How do I start a divorce in South Africa?

To start the divorce process you need to have a summons served. A divorce summons must be served personally on the defendant by the sheriff of the court. There are two types of divorces, contested and uncontested divorce. The uncontested divorce is the best and most cost effective for all parties concerned.

What documents are needed for divorce in South Africa?

You will need: Your official South African identity document. Marriage certificate. The court or law firm will provide any other documents....Default DivorceYour partner will receive a summons with a date. ... If they do not respond, you can apply to the High Court, to add it to the roll.More items...•

How much does a divorce cost in South Africa?

South African Divorce Lawyers charge hourly rates of between R800 and R4000 per hour. Unopposed divorces are often charged at fixed prices which varies between R10 000 and R20 000. Divorce Lawyers are not allowed to work on divorce matters on a contingency fee basis.

What documents are needed for real estate?

Documents Related to Real Estate 1 Any documents showing the legal description of any real estate owned together or separately. These can be obtained from your mortgage company or bank. 2 Your current mortgage statements on any mortgages you have on real estate property. 3 All documents pertaining to the initial purchase of the real estate. 4 If the real estate has been refinanced, all documents pertaining to the refinance. 5 Tax assessor’s statement (s) pertaining to any and all real estate.

Why is it important to provide a complete and organized file with all documents to your attorney?

It’s important that you provide a complete and very organized file with all documents to your attorney, which will help the negotiation stage of the divorce. "Divorce is one of the greatest upheavals you will ever experience in your life," says former divorce lawyer Brette Sember. "Because the process is so overwhelming, ...

What information should be included in a monthly budget?

This should include the needs and expenses of any children you have .

Do you have to disclose debts during divorce?

"All debts entered into during the marriage must be disclosed as part of financial disclosure ," explains Sember. "The court will determine which are marital debts and divide them as part of the divorce ."

Can a divorce court prove truthfulness?

Your spouse might make claims to a mediator or in divorce court, but documents can prove whether they are being truthful. So, you need to provide any documents that tell the story of what has happened in your marriage financially and in any other way.

What is an intake form for family law?

Most family law lawyers have an intake form that gives them a snapshot of the issues and your goals, and gives them important details about you and your family. At McCabe Russell, we don’t require you to fill it out our intake form advance, but if you can, it helps us move forward. Agreements.

What information does a credit card statement contain?

Other debt information (car loans, credit card debt, etc). As with the other documents, credit card statements contain a ton of information that can be useful to your attorney – the debt information, of course, but your history of spending (and your spouse’s) can also assist your attorney as you move forward. Text Message History.

What to learn during an attorney interview?

During the interview process, you can learn about the attorney’s experience, their fees, and get a feel for whether or not you think the two of you could have a good working relationship. Once you’ve made your decision, your attorney will need information from you in order to get the ball rolling and the divorce process started.

What is the basic information required for a job?

Personal Information. 1. Your basic information: full name, date of birth, and social security number. 2. Contact information such as an address, landline/cell phone number, and email address. 3. Proof of state residency. 4. Information about your employer: name, address, and phone number .

1 Income documents

Income documents are critical to the entire divorce process because the court needs to understand your current financial status and employment status to consider child support, alimony, and property division. The documents include income tax returns, payslips, and other additional income documents.

2 Real Estate documents

Real estate is the major asset that anyone needs to take into consideration. If it is a property purchased during the marriage, it is marital property and will need to be divided into two during the divorce (unless stated otherwise).

3 Life Insurance documents

Next up on the priority list is life insurance policy documents. Life insurance is often viewed as spousal support, and the policy’s cash value could be divided by the court in the case of a divorce and can even order a beneficiary charge for child support.

4 Documents to do with Marital Debts

Similar to presenting financial assets, any debt will also need to be documented. All obligations encountered during marriage need to be disclosed. The court will decide when it comes to determining what marital debts are and divide them as part of the divorce.

5 Automobile documents

Vehicles also get classified as marital assets subject to court-appraised division. All vehicles owned by the parties need to be disclosed, and the court will determine ownership.

Ready to proceed?

We know divorces can be challenging, but when you have all the documents you have with you, the easier the process will be. Getting all the relevant documents is equal to hiring the correct attorney.

The Need for Apostilling

Let’s say you want to travel overseas, and start fresh after your divorce. When you make that decision, it is always good to take legal documents such as your divorce decree. While the document is a valid legal entity in the US, other countries might not accept it.

What do you include in a divorce affidavit?

Include any memberships, reward points, and other perks that may be considered as assets . If you’re in the dark about your finances, that’s okay. You and your spouse will be required to complete financial affidavits (disclosures) as part of the divorce process.

What to do when you get a sense of divorce?

When you get a sense you are heading for divorce, set up an official system that will include documentation, official correspondence, court records, research, notes and more. Make copies for yourself, your attorney and any other members of your team who will benefit from having pertinent information.

What information is needed to file a student loan?

Include all information such as balances owed, interest rate, payment schedule and the school, and what period of time you or your spouse received the loan.

Why is it important to make sure you are treated fairly after divorce?

Making sure you are treated fairly is vital to give you the best chance of moving forward in the best possible way after your divorce is finalized. Whether your divorce issues are narrow and simple or complex and multifaceted, you will still need to acquire a fair amount of information to prepare for divorce.

How many bills do you have to pay before divorce?

Before your divorce, you had one house payment, one set of utility bills, one health insurance policy and so forth. Now, you and your spouse will now have two of each of these (and many others) to deal with. This means you’ll need to have a thorough understanding of your current and future expenses.

Can you talk to your spouse after a divorce?

Some couples find it impossible to talk to their spouses after an initial split, and that’s understandable. However, just because you’ve separated, does not mean you are done in your relationship with that person. The better your communication and cooperation are, the quicker and easier your divorce will be.

Do you need a financial analyst for divorce?

Depending on the complexity of your divorce, you may need a lot of documentation to give to your lawyer or Certified Divorce Financial Analyst . The more organized you are upfront will not only save you time and stress, but it will also save you money as well.

What are the issues in a divorce?

In a typical divorce, two common issues a court will address are spousal support (alimony) and how to divide property between the spouses. In a divorce with children, child support and custody/visitation issues may come into play. In each of these areas, there is information you will need as the divorce progresses.

Why are tax returns important in divorce?

Income tax returns are some of the most important documents in a divorce because they can provide evidence related to many issues. For example, spousal earnings are a major factor in a court’s decision about whether to award alimony. Make copies of your tax returns and any documents that evidence the sources of income stated on the returns, including W-2’s and work-related 1099s. But don’t forget statements referencing other types of less common income like dividend payments and rental property income.

Should you divide property between spouses in divorce?

With the exception of gifts and inheritances that remain in your name, virtually all property you’ve accumulated during your marriage should be divided between you and your spouse in a divorce. Some of the items you should collect are: