what does a divorce lawyer need to know

One of the first things your divorce lawyer will want to know is whether you have a prenuptial or postnuptial agreement in place. A prenuptial agreement is negotiated and signed before the marriage occurs; in contrast, postnuptial agreements occur after the wedding.

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Do I really need to hire a divorce lawyer?

Oct 11, 2019 · Your lawyer will need to understand how custody, visitation, and support obligations will influence negotiations and proceedings in connection with the divorece. They will also have to present the court with information about your children’s best interests, upbringing, and financial needs.

What does it take to become a divorce lawyer?

Jan 26, 2013 · Find the common information your divorce attorney will need below. 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.

What to look for in a good divorce lawyer?

Your divorce lawyer will likely also need to know when the business was started, the source of the funds and get information from you about whether the business is clearly community property or if there is a separate property part to it. Don't freak out if you don't have all of this information. Your divorce lawyer should be able to get it.

Do you really need a divorce attorney?

Sep 06, 2021 · You and your spouse will be required to complete financial affidavits (disclosures) as part of the divorce process. The goal at this point is simply to begin identifying the puzzle pieces. The Benefits of Being Organized

Who usually gets what in a divorce?

What to ask for during a divorce?

What is the first thing to do when you decide to divorce?

What is a wife entitled to in a divorce?

What a woman should ask for in a divorce settlement?

How do I ask for divorce peacefully?

How do I leave my husband when I have no money?

How can a woman protect herself in a divorce?

Don’T Expect to "Win" Your Divorce Case

A lot of people start their divorce hoping to “beat” theirspouse in court. In fact, there’s seldom a true winner in divorce. The typicaldivorce inv...

Don’T Make Important Decisions Without Thinking themthrough

Many life-changing decisions come up during a divorce. Forexample, you may have to determine whether to you need to sell the family home.Resist the...

You’Re Getting Divorced: Your Kids Aren’T

It’s easy to get wrapped up in the heat ofthe moment. However, saying cruel things to your spouse in the presence of yourchildren can have a lastin...

Don’T Believe Everything Other People Tell You abouttheir Divorce

Your divorced friends may give you advice about what shouldhappen in your divorce. Unfortunately, the information and advice you get fromother peop...

Forget The Past. Prepare For The Future. Be A "Bigpicture" Person

Obsessing about all of the bad things you feel were done byyour spouse during your marriage will only prevent you from moving on with yourlife and...

Court Is Not All That It’S Cracked Up to Be

When things are not going well in a divorce case, one spousemay threaten to terminate negotiations and head to court. However, theroad to a divorce...

Consider Alternatives to Court

Most people think all divorces end up in court. In fact,there are alternative ways to resolve divorce cases. One method is “mediation”in which a me...

Be Honest With Your Attorney and Your Spouse

You need to provide your attorney with all key facts so heor she can analyze your case properly and give you appropriate advice. Even ifyou hide so...

Create An Inventory of Household Furniture Andfurnishings and Make Copies of Important Documents

Disputes over furniture, furnishings and other valuableitems, such as a great wine collection or an expensive piece of art, can beavoided by taking...

Have Reasonable Expectations

Sometimes, divorcing spouses have goals that are completelyunreasonable or inconsistent with the law. If you want your divorce caseresolved quickly...

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 are the marital problems that led to divorce?

A list of the marital problems that led to the divorce if they involve alcohol or drug abuse, religious differences, infidelity, sexual incompatibility, or domestic abuse.

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 .

What will your divorce attorney need from you at the initial consultation?

When searching for a divorce lawyer, it's normal to wonder. You have never been through a divorce before and it's a little scary walking into an attorney's office. It's especially scary when you don't know what to expect.

What will my divorce lawyer need to know about assets?

Real estate in a typical divorce cases includes residential real property (family residence, rental property or land) or commercial property. Your divorce lawyer will need:

What will my divorce lawyer need to know about income?

Your income and that of your spouse is usually at the heart of a divorce case. Income impacts child support, spousal support, payment of attorney's fees and costs and so much more. What will your divorce lawyer need to know?

What will my divorce lawyer need to know about marital lifestyle and our standard of living?

The marital standard of living is at the heart of every California spousal support case. We won't go through the Family Code 4320 factors in detail here but you should check out our spousal support page for that. Those factors lay out much of what your divorce lawyer will need which include, as some examples:

What do you need to know about hiring the right divorce lawyer?

We hope you found this information helpful. What questions your divorce lawyer will ask you, what information and documents he or she will need are all important to know. If you want some more reading, check out our article on what questions you should ask a divorce lawyer and how to find a good divorce lawyer in California.

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.

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.

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.

Why is being organized important in divorce?

The Benefits of Being Organized. 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.

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.

Is divorce a give and take?

Keep in mind that divorce is a give and take process, and until you have a full and complete picture of your entire life, you can’t possibly make the best decisions as you negotiate a fair and equitable settlement.

Is Survive divorce reader supported?

Survive Divorce is reader-supported. Some links may be from our sponsors. Here’s how we make money.

How to resolve a divorce quickly?

Sometimes, divorcing spouses have goals that are completely unreasonable or inconsistent with the law. If you want your divorce case resolved quickly, you need to understand how the law applies to your case and have a reasonable expectation about the outcome.

Why do you need to provide your attorney with all the facts?

You need to provide your attorney with all key facts so he or she can analyze your case properly and give you appropriate advice. Even if you hide something from your attorney, the facts may very well come out anyway (e.g., your spouse may discover hidden facts from a third party or by reviewing documents). By then, however, your failure to be up front may have already harmed your case and your ability to obtain a good result.

What happens when things are not going well in a divorce case?

When things are not going well in a divorce case, one spouse may threaten to terminate negotiations and head to court. However, the road to a divorce trial is long and costly. The expense of a trial can deplete the very assets that are often the subject of the dispute. Even simple matters can require multiple court days to complete, and after spending many thousands of dollars, spouses and their attorneys are left with the total uncertainty of how a judge will rule.

Why do couples need mediation?

The greatest benefit to choosing mediation or collaborative divorce is that they enable divorcing spouses to make their own decisions. In dividing parenting time, for example, a judge might choose a standard schedule that's used in many other cases. In mediation and collaboration, spouses can structure a parenting plan that best fits their children's needs.

What is collaborative divorce?

In a "collaborative divorce" each spouse hires a collaborative attorney, and all parties agree to resolve the case without going to court. A team of professionals is assembled to assist in the decision- making process. Besides the attorneys, the usual team includes mental health professionals (who function as "divorce coaches" and child specialists) and a neutral financial specialist, such as an accountant or a financial consultant. Using face-to-face negotiations, e-mails and telephone calls, the spouses and their collaborative team address each issue in the case.

What to do if your child is divorced?

You may want to consider asking an experienced mental health professional to counsel your children about the divorce, and seek counseling for yourself as well, so you can learn how to address your children's needs during this difficult process.

What are some examples of life changing decisions during divorce?

Many life-changing decisions come up during a divorce. For example, you may have to determine whether to you need to sell the family home. Resist the impulse to make a quick decision just to get the case over with. When making important choices, it's essential that you consider the potential consequences.

How to avoid divorce?

To try and avoid this result, keep your separate property in an individual account and/or keep all records of transactions involving your separate assets. Divorce can be a very complex subject, so consider consulting with a local divorce lawyer before proceeding. Talk to a Lawyer.

What are the grounds for divorce?

Grounds for Divorce. Divorce "grounds" are the legal reasons on which you're basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault. Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce.

What are the factors that determine alimony?

Some common factors a court considers when awarding alimony are: 1 a spouse's actual need, and the other spouse's ability to pay 2 the length of the marriage 3 each spouse's age and health (both physical and emotional) 4 each spouse's earning capacity and level of education 5 parental responsibilities for the children 6 the division of marital property between the spouses, and 7 income available to either spouse through investment of that spouse's assets.

Why do divorces have no fault?

No-fault has become the avenue of choice in most divorces. There are various reasons for this. Because you don't have to prove your spouse did something wrong , there's typically less anxiety and tension during the divorce process. This is a big benefit, especially if there are children involved.

Why is mediation better than litigation?

Mediation has many advantages over litigation: it's often much faster, less expensive, and it helps foster future communication between the spouses. For many, it's also much more convenient and allows the spouses to have greater control over the timing of the divorce. Many mediators and services even offer spouses the option to conduct their divorce mediation online.

What are the grounds for a fault based divorce?

Grounds for fault-based divorce often include adultery, extreme cruelty (physical or mental), and desertion.

How long can you get alimony?

The current trend is away from lifetime or permanent alimony, which is now typically reserved only for long-term marriages—generally considered to be anywhere from 10 to 20 or more years , depending on your state. In the current divorce environment, you're more apt to see a court award alimony for a limited duration.

What to discuss with a lawyer about divorce?

There are a number of important issues you will need to discuss with your attorney during the first meeting, including child custody, child support, spousal support, division of the marital estate, any separate property claims, community debts, and your expectations about the likely outcome of the case.

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.

What is the difference between collaborative and litigation divorce?

Once you decide to divorce, you must choose between two basic options: a collaborative divorce or litigation. 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, and turning your … Continue reading

Why is it important to go to court for divorce?

Going to court encourages fighting, the stress of litigation makes it more likely you will become emotional, and the lawyers will control the divorce because court rules and procedures are complex.

How to organize your marriage history?

A good way to organize the history is chronologically from when you met your spouse. Put together a time line of important dates. Also, list the major assets you and your spouse own and any property that one of you claims is separate.

Why do lawyers use investigators?

Some attorney use investigators to search for damaging facts, and if there is a suspicion of an affair , an investigator is likely to be involved. If you are in an abusive relationship, make certain you tell your lawyer, even if you are ashamed of it. Also, if you have contracted a sexually transmitted disease or have hidden assets or debts, ...

What happens during discovery in a divorce?

During the discovery process, if you opt for a litigated divorce , these facts are likely to come up and in a collaborative divorce, you are obligated to share all relevant information with the other side. Some attorney use investigators to search for damaging facts, and if there is a suspicion of an affair, an investigator is likely to be involved. ...

1. Be yourself in the meeting

You are allowed to feel and express emotion because a divorce is an emotional process. Some lawyers have difficulty with emotion. Those lawyers often practice anything but family law.

2. Be organized

While your first meeting with a divorce lawyer will be filled with you providing details, answering questions, and trying to absorb sometimes complicated legal rules while trying to assess the lawyer’s personality, there are things you can do in advance that may help move this meeting ahead more smoothly.

3. Know your goals for the divorce

When you go into this first lawyer meeting, it benefits you to be prepared, but that preparation should focus on you, your situation, needs, and goals. If you are prone to investigating divorce processes online, be wary of what you read.

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 ...

What to do if you are not financially able to hire a divorce lawyer?

If you're not financially able to hire a divorce lawyer, you should contact your local legal aid office or a local bar association. You may be able to qualify to get free or reduced costs of legal representation. If you do not qualify, you may still be able to ask questions ...

What are the alternatives to hiring a divorce lawyer?

There are also alternative options to hiring a divorce lawyer in the traditional sense, such as limited-scope representation, collaborative divorce, and mediation:

What is mediation in divorce?

Divorce Mediation. Mediators are trained at getting both sides to set aside emotions and focus down on the facts that are essential to a successful divorce. Unlike lawyers, mediators have the advantage of working with both spouses at the same time, which can cut down on unnecessary communication delay.

What is alimony in divorce?

Alimony. Division of property. Working together with your spouse through the divorce process can have a lot of advantages, including: You'll have better control over the vital issues that will be raised during your divorce instead of leaving them up to the court.

What to do if you are facing domestic violence?

If you are facing a domestic violence situation, get yourself to safety and talk to a lawyer. Anyone facing domestic violence during divorce should work with a divorce lawyer.

Why do divorces stoke emotions?

Because of their very nature, divorces tend to stoke intense emotions.

Can children go through divorce?

Children going through a divorce often have a smoother transition if their parents can work out the divorce themselves.