what is most important to get to your lawyer in a difficult divorce

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.

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Why choose a lawyer for your divorce?

Sep 06, 2021 · 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 some secrets your divorce lawyer might not want you to know?

Ten Questions to Ask a Divorce Attorney. 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. 1. Do you specialize in divorces, or are divorces just a part of your practice? How long have you been practicing family law? How many family law …

What are the best tips for getting a divorce?

Make some concessions on minor issues, and you can spend more time on important matters, such as when you get to see your children. 6. Court Is Not All That It's Cracked Up to Be. When things are not going well in a divorce case, one spouse may threaten to terminate negotiations and head to court.

Can you be reasonable without a lawyer in a divorce?

Oct 17, 2019 · Your financial account records, phone records, mortgages, and car notes are all likely relevant to the divorce. To the extent possible, gather all the documents you’ll need for your case before filing for divorce. If you and your spouse have a shared file of paper records in your home, make copies of everything before meeting with your attorney.

What should a woman ask for in a divorce settlement?

How do you win the most in a divorce?

What to ask for during a divorce?

What should I think about during a divorce?

How do you fight a narcissist in a divorce?

How do you win a narcissist divorce?

How should a woman prepare for a divorce?

How do men move on after divorce?

What is leverage in a divorce?

What are the five stages of divorce?

How do I know my marriage is over?

What happens when you file for divorce first?

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 is family law?

However, family law is a subspecialty that involves complex legal principles, which take time and experience to master.

What is a restraining order?

restraining orders prohibiting spouses from changing beneficiary designations or transferring assets before and during the divorce. alimony (how to calculate income available for alimony and the special factors courts consider when determining setting payments) child support (how to calculate child support in your state)

What is the division of property and assets?

the division of property and assets, including real property, collectibles, venture capital interests, stock option portfolios, good will, or other business interests, and . the division of retirement benefits. There is a vast body of law (which will vary from state to state) that applies to these issues. These laws are frequently updated ...

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.

Is there a winner in divorce?

A lot of people start their divorce hoping to "beat" their spouse in court. In fact, there's seldom a true winner in divorce. The typical divorce involves various issues, such as child custody, support, and the division of property. Rarely do divorcing spouses end up with everything they want.

How to take inventory of home?

Disputes over furniture, furnishings and other valuable items, such as a great wine collection or an expensive piece of art, can be avoided by taking a complete inventory of your home as follows: 1 take photographs of every item and photograph sets of small items, such as dinner ware, together 2 use the front page of that day's newspaper in every photograph in order to create a "time stamp," which avoids any claims that the photo was taken at an earlier date 3 keep your photos in a safe, protected place 4 create a list of all items, including where they're located and your estimated value of each, and 5 get appraisals or ask for insurance inventories of the items in your inventory.

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.

What happens when a marriage ends?

When a marriage ends, spouses and their children often face a perfect storm of stressful events: new living arrangements, parenting schedules, and of course, decisions about property and money. The emotions caused by these changes can make it difficult for spouses to understand the legal process of divorce, and may even impair their ability ...

Can a child have a relationship with another parent?

In addition, unless there's a history of abuse or neglect, your children will continue to have a relationship with their other parent. No matter how upset you are with your spouse, you should not try to discourage or interfere with a healthy parent-child bond.

What is a team of professionals?

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.

Can a divorce be granted if only one spouse wants to end the marriage?

The court can grant a divorce even if only one spouse wants to end the marriage. If you’d still like to give marital counseling a try, do so before you file for divorce.

Can you get custody of your children if you divorce?

If you have children, their custody situation is probably at the forefront of your mind when getting a divorce. You should know that, absent extreme circumstances, you and your spouse will end up sharing custody of the children. It’s a good idea to sit down and carefully review your work schedule, your children’s schedule, and your other obligations and come up with your desired schedule for custody. If you can come up with a arrangement that gives both you and your spouse time with the children, you’ll be leaps and bounds ahead of most people who file for divorce.

What does a divorce decree mean?

In most jurisdictions, the judge automatically issues an order at the beginning of your divorce case that prohibits you or your spouse from selling, buying, or otherwise encumbering or disposing of any marital property. Courts do this to prevent either spouse from draining the bank accounts, or dissipating the marital estate out of spite.

How to deal with a divorce?

1. Reach out and surround yourself with a support system. Whether you are in the beginning stages of a divorce or somewhere in the middle, reaching out to and surrounding yourself with a professional and personal “divorce support system” aids in the logistical, legal, and emotional decisions of a divorce.

How to deal with a divorced spouse?

Take responsibility and actively participate in your divorce negotiations; Treat divorce negotiations with your spouse like a business transaction; Get emotional support and learn how to lower your emotional reactivity; Focus on your children and don't badmouth your spouse in front of your kids; Stay in your integrity;

How to get divorced?

But below are some of the most popular tips: 1 Get educated and do your research on how the divorce process works; 2 Learn about divorce mediation because it's a peaceful divorce option; 3 Get organized financially; 4 Choose an experienced and competent professional to guide you through the proceedings; 5 Take responsibility and actively participate in your divorce negotiations; 6 Treat divorce negotiations with your spouse like a business transaction; 7 Get emotional support and learn how to lower your emotional reactivity; 8 Focus on your children and don't badmouth your spouse in front of your kids; 9 Stay in your integrity; 10 Focus on the big picture.

Can divorce be so overwhelming?

Divorce can be so overwhelming that it might be tempting to just crawl into bed, pull the covers over your head and pretend it isn’t happening. But I'm sure you're smart to know that won’t solve or change anything.

What happens if you lose your job?

And if you lose your job, there goes your financial safety net. If you and your husband or wife need both of your incomes to make ends meet, you'll want to think about the stability of both of your jobs. If there's any fear of lay-offs for either of you, you may choose to postpone your divorce.

What does it mean when you put all the blame on your spouse?

When you assign all the blame to the other person, you are making yourself a victim. Having a victim mentality gives you a sense of powerlessness.

What are the options for divorce?

While many people think litigation is the only option in divorce proceedings, there are many process options that can be tailored to your family's needs. Mediation, collaborative law, and outside of court attorney negotiation are all more flexible options than court.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

Can a divorce lawyer tell you that you can come to a full agreement?

"Divorce lawyers won't tell you that you can come to a full agreement in your case at any time," says divorce attorney Russell D. Knight. Instead, they would prefer to engage in the lengthy process of "discovery"—tallying debts and assets—before drawing up the final documents.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

Do divorce lawyers charge by the hour?

Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

Is divorce law firm bigger than solo practice?

In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

What is contested divorce?

Many contested divorces involve sensitive issues and high emotions on both sides. If children are involved, that takes it up another level. Judges want the parties to negotiate and settle the issues between themselves. Judges don't want to decide how you live your life for you.

What do judges wear?

Judges wear a trendy black robe and sit higher than everyone else, but in the end they are just a person, like you and me. That means, like you and me, they have opinions, biases and personal drama that they deal with on a regular basis.

Do judges have to be neutral?

Yes, they are supposed to be neutral and abide the law when making decisions about your life, but judges are not machines. Maybe they should be... If your judge forms a negative opinion about you early in your divorce, you could be in for a long, stressful and dissatisfied ride. Advertisement. That being said, here are five things your divorce ...

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What is the difference between a lawyer and a client?

Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.