10 Questions to Ask Your Divorce Attorney at the First Visit
Here is a list of the 9 things you should never do during a divorce:
Becoming a divorce lawyer takes seven years of formal higher education, including a four-year bachelorâs 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 isnât for the ...
Questions to ask a divorce attorney on the first visit about communicationHow often will we communicate about my case? ... How will we communicate with each other? ... What communication should I have with my spouse about the issues you and I discuss? ... How can I keep communication between my spouse and me amicable?More items...
What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?
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 to Financially Protect Yourself in a DivorceLegally establish the separation/divorce.Get a copy of your credit report and monitor activity.Separate debt to financially protect your assets.Move half of joint bank balances to a separate account.Comb through your assets.Conduct a cash flow analysis.More items...â˘
12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...â˘
6 Questions To Ask Before You Hire A LawyerWhat's Your Experience? ... What Percentage Of Your Practice Is Dedicated To This Area Of Law? ... What Will This Cost? ... Can You Charge Me A Flat-Rate Fee? ... Where's My Contract? ... Can I Avoid Going To Court?
Assets that you have built up or acquired during the period of marriage are known as matrimonial assets or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank.
I've had a good think and come up with ten of the most important strategies to help you get through it.1) The most important of all. ... 2) Come to terms with where you are now. ... 3) Don't allow yourself to look down or back. ... 4) Always be respectful of your ex. ... 5) Get the right lawyer for you.More items...â˘
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.
Can You Empty Your Bank Account Before Divorce? However, doing so just before or during a divorce is going to have consequences because the contents of that account will almost certainly be considered marital property. That means it will be an equitable division in the divorce settlement.
If you decide to get a divorce from your spouse, you can claim up to half of their 401(k) savings. Similarly, your spouse can also get half of your 401(k) savings if you divorce. Usually, you can get half of your spouse's 401(k) assets regardless of the duration of your marriage.
The judge considers factors specified in the state statute, such as the earning capacity, work history, age and health of both spouses in order to determine whether spousal support should be awarded and in what amount.
Some attorneys will talk to their clients on a weekly basis or more. Other attorneys will only talk to their clients when their clients contact them. Yet other attorneys religiously follow the one phone call a month to do an overview strategy session no matter how many times the client has talked to the attorney in the past 30 days. There isnât a right answer, but itâs good to know in advance what the scope of communication will be.
Alimony is a numbers game. Sometimes the best way to prepare and present the back alimony case is to play the numbers game using experts. For example, forensic accounting experts and vocational rehabilitative experts can help support or defend an alimony claim.
The greatest tragedy in divorce cases is when a custody battle spirals out of control for months or even years. The attorneys have a lot of say in controlling or mitigating some of the emotional responses in these cases and keeping things under control.
What is a collaborative divorce and am I eligible for one? A collaborative divorce model is one that focuses on a win-win settlement agreement. You can consider it the opposite of going to court. Does the attorney youâre meeting with think that this is a reasonable possibility in your case? Why or why not?
Even if your case does not step foot in a courtroom, itâs good to have an understanding of how the law works to get a basic idea of what is a good deal in your case. Of course, a good deal also accounts for subjective things like your particular needs or your spouseâs particular needs.
This requires a lot of trust, so the best thing you can do is check the attorney out thoroughly at the beginning of the process, so you understand how you guys will work together.
In your opinion, is it better for a case to settle or go to trial? For the vast majority of people, the best divorce cases are the ones that are settled by agreement. For a minority of cases, especially ones with domestic violence or other issues of impaired parenting, a beeline for trial is the best course of action.
First, it will test the divorce attorney's knowledge and experience of the divorce process and divorce law. Second, it will educate you on what specifically the attorney can and will do with you to help mitigate the costs. Do not settle for a generic answer.
An experienced and knowledgeable divorce attorney will provide you with the tools to communicate better with your spouse. These tools include how to communicate with your spouse, when to communicate with your spouse and how to diffuse conflict.
If an attorney cannot provide you with multiple references to former clients, that attorney may not have much success representing clients. The former clients should also be types of cases similar to yours. I am not referring to you going through a divorce and getting a referral to a prior divorce client.
Spousal support, also called alimony, is either temporary or ordered at the final judgment. Most divorce cases include both temporary spousal support and spousal support at the judgment phase. We are not going to go into a lengthy discussion about spousal support.
If the attorney does not have a solid command of the law on these issues, he or she may lack the experience you need. This is especially true if you expect your divorce to be contested and high conflict. Questions to ask a divorce attorney on the first visit about the divorce process. 1.
If an attorney struggles with answering this question, he or she may be a poor communicator. Organized and disciplined attorneys have a proactive communication style that fits the particular client.
I use the word "likely" because there are facts you may not know and which may surprise you during the divorce.
What red flags did your story raise for them? What questions is the lawyer asking you about your situation? This question is your chance to 1) make sure theyâve been hearing you and 2) get insights that could help keep your divorce process moving along without surprises.
You get to choose who helps you through it. Thatâs why I highly recommend interviewing at least 2-3 attorneys before selecting one. Donât let anyone pressure you into working with them, either. This process is going to get harder before it gets easier, so itâs important that the lawyer by your side â the lawyer who is going to be learning a lot about the inner workings of your marriage, your finances, and more â is someone that you trust, respect, and actually like.
Before you pull into the attorneyâs parking lot, repeat this mantra: No two divorces are alike! No two divorces are alike! Having an open mind about the hard thingsâ possible custody schedules, whether or not you need to sell the house, whether or not your family can continue to go on two weeks of vacation each summerâ will help your prospective attorney come up with a strategy that meets your long term goals and makes sense for your unique circumstances.
For many women, the âgoalâ of hiring an attorney may simply be âget me outta this marriage!â But honing in on what you want your life to look like after the divorce dust has settled can be a useful tool for identifying how you want to work through the process of ending your marriage.
For Christy, receiving this information allows her to give the most bang for a potential clientâs buck in terms of an initial consultation. She can give a prospective client a pretty good idea of what will happen to each of those assets and liabilities in a divorce and help a potential client understand what their financial picture will look like post divorce.
You can cut down significantly on fees by forming a relationship with team members who bill at a lower hourly rate.
If youâve made up your mind and thereâs no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so youâve got nothing to lose. But, you can gain a lot of information during attorney interviews if you head into the conversation armed with the right questions.
Ask about the general process and steps, the documentation needed, temporary orders/agreements that may be needed, and an approximate timeline.
One of the biggest complaints lawyers get is that their clients feel that they often donât know what is happening with their case. That is why it is important that you find an attorney you will feel comfortable communicating with. Here are some of the most important questions to ask your attorney when you meet for the first time: 1.
Your fee agreement should explain everything you need to know about billing but most importantly you should discuss ways you can save on fees. For example, it may be more cost efficient to save up all of your questions that arise throughout the day or the week then email them over and schedule a phone call to answer the questions. A quick phone call may be cheaper than the attorney answering multiple questions everyday for a week.
In some firms, only one attorney works on the clientâs case whereas other offices take a more collaborative approach.
Even if you have negative feelings about your spouse, it is better to try to deal with those issues on your own instead of fighting them out. Your attorney will work to help you get a fair settlement and protect your interests while you work on moving forward with your life after your divorce.
If you are able to work out your own agreement in a child custody case, you are also setting the groundwork for greater cooperation in the future as you raise your children with your former spouse.
When parties are ethical and open about their financial worth during an amicable divorce, each party will know what debts and assets that the other party has. During a contested divorce, some parties may try to hide their assets. Financial professionals may be needed to track down hidden assets.
If you choose a your divorce lawyer because you think theyâll do a good job based on your initial meeting, youâll probably want to make sure itâs them youâll actually be dealing with as your case progresses rather than another partner or member of the firm.
Having one point of contact can make things so much easier .
Once your lawyer has the facts on your case, they will be able to give you an answer about the kind of settlement you may receive.
Going through a divorce is a very personal thing and trusting someone to act on your behalf is a big decision. Thereâs no reason why a lawyer should be secretive about any aspect of your case and the paperwork should always be available if youâd like to see it for yourself.
The divorce laws in England & Wales differ from those in Scotland so itâs advisable to check with your lawyer where youâre eligible to file for divorce and which set of laws may give you the best chance of the outcome youâre looking for.
Making the decision to file for divorce is never easy. We understand how daunting it can feel to have to approach a divorce lawyer to discuss formally ending your marriage. Thatâs why weâve put together this list of 31 questions to ask your divorce lawyer.
This may be possible depending on a number of circumstances. If itâs something you wish to pursue, itâs worth asking the question for a tailored response.