what is covered in a consultation with a divorce lawyer

A productive initial divorce consultation provides an opportunity to discuss your divorce issues and understand what a post-divorce life may look like. Typical divorce issues include division of assets and liabilities, child custody, child support, and spousal support. If you decide to divorce, fighting it out in court is only one option.

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What happens at a divorce consultation?

Apr 23, 2020 · A lot of people who call us at Stolfe Zeigler are very nervous about what to say, what to bring, how to act during a divorce consultation. It's a nerve-racking time for anyone whether you're a man or a woman, whether you're asking for the divorce or responding to a divorce. The purpose of this video is to help you sit through a divorce consultation so you can …

How do I hire a divorce lawyer?

Jul 26, 2021 · In the initial consultation, you are the one who will be doing most of the talking. Your potential divorce lawyer will be gathering information about the case from you and will ask you several questions so they can recommend solutions.

What personal information does a divorce attorney need to collect?

Apr 15, 2021 · A divorce lawyer can advise you on the laws of your state and your rights under those laws. A lawyer can also assist in drafting and filing an agreement, if the parties are able to come to one. A divorce attorney will draft and file any necessary paperwork and represent you during any court proceedings, if necessary.

What should I expect at my first consultation with an attorney?

What to Expect From Your First Meeting: During your initial consultation with a matrimonial attorney, expect the attorney to provide you with an overview of what to anticipate relative to at least the following five issues: (1) the divorce process, (2) matters pertaining to any

What can an attorney do for a divorce?

An attorney will be able to help an individual obtain what they seek in their divorce case. Often, important items such as homes and vehicles have to be divided between parties to a divorce. Additionally, there may be children involved, adding a child custody and visitation aspect to the case.

Why is it important to hire a divorce lawyer?

For most individuals, a divorce is simply too complex and emotionally challenging to handle on their own. A divorce lawyer can advise you on the laws of your state and your rights under those laws.

What is the foundation of a divorce?

The foundation of a strong divorce case is the knowledge of the rules and requirements for filing for divorce in the state in which a party resides. An attorney will know this information and be able to advise the party if they meet the requirements for a divorce in their state.

What are some of the things you can't do in a divorce?

Some “don’ts” for divorce cases include: Don’t: Be petty. Do not punish the other party with outlandish requests and needlessly drag out the divorce process. Don’t: Don’t provide dishonest information to an attorney and/or the court in an attempt to get more out of the divorce.

Why is it important to compile documentation?

It is important to compile documentation a lawyer may need prior to a consultation. It is also important to notate any questions an individual may have for their attorney. In divorce cases, parties must often cooperate in order for the results to be efficient and equitable.

Why do you need to present an argument in a divorce?

They will also know how to best present an argument to the court in order to protect an individual’s rights and property during a divorce. Depending on whether an individual lives in a no-fault or fault divorce state, they may be required to provide a reason for divorce.

What are the most heavily contested issues during a divorce?

Usually, property distribution, the listing of assets, and child-related expenses are the most heavily contested issues during a divorce.

What is the purpose of a divorce consultation?

The main purpose of the consultation is to discuss your case. Essentially, you are having a conversation with the lawyer about your pending divorce, and you should be the one doing most of the talking.

What information do divorce attorneys need?

Along with the details of your case, the divorce attorney will also gather some basic personal information, including your: address, phone number and email address. The attorney will also want to gather background information, which may include:

What is the first consultation?

The initial consultation is a great opportunity to get a “feel” for the attorney and determine whether he or she is a good fit for you. Asking questions can help you gauge the attorney’s competence and whether you will get along well.

What are the issues that a divorce attorney will discuss?

After gathering information about your case, the attorney will discuss any potential issues that you may face during the divorce, such as custody and parenting time. Financial aspects will also be discussed, including child support, alimony, equitable distribution, college tuition, real estate, debts and other assets.

How to get divorce information?

Along with the details of your case, the divorce attorney will also gather some basic personal information, including your: address, phone number and email address. The attorney will also want to gather background information, which may include: 1 The date of the marriage 2 Employment information of both spouses 3 Names and ages of the children 4 Income information, including assets and debts 5 Whether or not there was a prenuptial agreement in place

What to discuss at the end of a lawyer meeting?

Towards the end of the meeting, the attorney will discuss the fees charged for his or her services. The attorney should divulge his or her hourly rate as well as the amount of the initial retainer and how often you will be billed for services.

What is an initial divorce consultation?

A productive initial divorce consultation can provide a toolbox of information allowing you to reflect on your situation before taking the next steps. Scheduling an initial divorce consultation is a big step, especially if your spouse is not pursuing divorce. However, going to an initial divorce consultation does not necessarily mean you intend ...

Why is it important to understand your divorce?

This is valuable information to help you decide your next steps. Take one step at a time, consider your options, and proceed the way you deem best for you and your family.

Can you fight divorce in court?

If you decide to divorce, fighting it out in court is only one option. At the consultation, you can learn about the litigation process. In addition, you can learn about divorce mediation and collaborative divorce processes. These processes provide out of court settlements.

Consultation Fees in Divorce Cases

Some law firms tout “free consultations” as a selling point to attract potential clients, but the reality is most reputable firms charge for a consultation. If you are wondering if you should pay a consultation fee for a divorce lawyer, there are many factors to consider.

You Often Get Legal Advice During a Consultation

One reason lawyers sometimes charge consultation fees is that they often must provide legal advice during the initial consultation. When a consultation is free, the firm will most likely take a cursory glance at your case simply to decide whether they want to accept you as a client.

A Consultation Fee Goes Toward Preparation Time

When you go in to meet with an attorney, you want them to have a comprehensive understanding of your situation. Lawyers often need to prepare for meetings with prospective clients so they can spend more time discussing the merits of your case, and less time during the meeting learning all the facts of the case for the first time.

When Firms Fail to Charge Consultation Fees, Potential Clients May Not Be Meeting with an Attorney

Some firms that do not charge fees do not send an attorney to come meet the prospective client. Instead, you may be meeting with an assistant, paralegal, or intake clerk who will simply take down your information and pass it on to an attorney later, who will then decide whether they want to take on your case.

Consultation Fees Allow the Lawyer to Focus on Your Case

Lawyers are often juggling multiple cases and clients at the same time. The law firm is a business, so there may be times when the lawyer has to prioritize billable work over non-billable work for economic reasons.

Both Parties Know the Other Is Invested

Busy law firms get a lot of requests for consultations. As much as firms would like to be able to represent almost everyone who comes in looking for advice, lawyers have a duty of professional responsibility to their clients.

No Two Cases are the Same

Some people worry that they do not need a consultation at all. You may believe that your divorce is going to be straightforward, and the lawyer should be able to give you a boilerplate cost estimate. However, know that for lawyers, no two cases are exactly the same.