what questions should i ask my divorce lawyer

by Katrina Wintheiser 4 min read

What qualities make a good divorce attorney?

What your divorce lawyer should tell you is what temporary orders make sense in your case. For example, does it make sense to do the following? Should you seek temporary child custody and parenting time orders? Will there be benefit in seeking temporary child support and spousal support orders?

How do I know if my divorce lawyer is good?

Jan 14, 2021 · First, ask yourself: Are you sure you actually need an attorney? 1. Ask them to describe their approach to the divorce process. Each lawyer you speak to should have a slightly different... 2. Ask about communication. How will they check in with you throughout the process? As you’re interviewing ...

What should you look for in a divorce attorney?

Jan 14, 2022 ¡ You should ask the attorney what experience they have and how many divorce cases they have handled. Ask how many years they have been practicing, about their association memberships, and their other qualifications. Who Will Be Working On My Case? Your divorce lawyer will likely have support staff to assist with their cases.

What does it take to become a divorce lawyer?

Mar 22, 2021 ¡ 1. What Is the Process? It helps first to understand what to expect. Ask questions about what the process is in the... 2. Is the Attorney a Family Law Specialist? Many attorneys are general practitioners and handle various legal subjects,... 3. How Much Will This Cost? This question is a tricky one ...

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What questions should I ask my first divorce lawyer?

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 can be used against you in a divorce?

Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.Jan 22, 2021

What should I ask for in a divorce settlement?

5 Things To Make Sure Are Included In Your Divorce SettlementA detailed parenting-time schedule—including holidays! ... Specifics about support. ... Life insurance. ... Retirement accounts and how they will be divided. ... A plan for the sale of the house.Sep 14, 2017

What questions should I ask my lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

How do I protect myself financially in a divorce?

How to Protect Yourself During DivorceIf you have children, consider staying in the family home. ... Don't allow your spouse to take the children and leave. ... Get an attorney. ... Safeguard personal papers and make copies of important records. ... Cancel all jointly-owned credit cards. ... Make a record of all marital property.More items...

Can I date while going through a divorce?

Yes. If you're ready to, you are free to date other people while separated. Your separation agreement is critical though because if the timing of the relationship comes into question during your divorce your relationship may be considered as an affair or adultery.Aug 5, 2021

What a woman should do to prepare for divorce?

9 Critical Steps Women Should Take To Prepare For DivorceGather your financial records. ... Open a Post Office Box. ... Start putting money away for legal and other professional fees. ... Open a new checking and savings account. ... Open new credit cards in your name only. ... Get a copy of your credit report.

How do I ask for divorce peacefully?

There's no single “right” answer when asking for a divorce, but with preparation, you can make a tough conversation go a little more smoothly:Prepare Yourself. ... Choose A Suitable Place and Time. ... Keep Your Cool for Your Kids. ... Be Gentle, But Firm. ... Listen to Their Perspective. ... Be Understanding and Empathetic.More items...•Dec 19, 2019

What is leverage in a divorce?

Leverage is what you need to incentivize the other person to settle. This might be information, money, or anything that you know will cause the other side to want to resolve the case, and more importantly in a way that you want it to settle.Aug 25, 2021

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

How do you prepare for an attorney meeting?

Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.

What do you say when talking to a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•Aug 4, 2015

What to do if you are unsure about a divorce?

splitting debts. If you’re unsure about whether you have a contested or uncontested divorce, ask your divorce lawyer. If there are small things that you can figure out on your own with your spouse, you should. Your attorney will be able to point out what things you need to negotiate with your spouse on.

Why is it important to prepare for divorce?

When you prepare for a divorce, it makes everything easier. Your cost of divorce will be lower. Your divorce process will be faster. Your divorce will even be easier when you prepare for divorce before you file for divorce. Your divorce lawyer will give you a list of things that you need to prepare.

How much does a retainer cost for divorce?

A retainer fee usually covers half of the estimated total cost of divorce. Meaning, if your divorce lawyer thinks it will cost $10,000 to handle your divorce, the retainer fee might be $5,000. This is not a hard and fast rule, but just an example. The point is that your retainer fee is going to run out.

Does it matter who files for divorce first?

If you have been served divorce papers already, then that answers the question for you. If you’re going to have an uncontested divorce, it doesn’t matter who files for divorce first. But if you’re going to have a contested divorce, it does matter. You want to have time to prepare for divorce.

What is the purpose of mediation in divorce?

Divorce mediations help couples reach an agreement on their disputes without going to trial. When you go through divorce mediation, you have the final say. When you go to trial, the judge has the final say on how to settle. If you need divorce mediation, ask your divorce lawyer for a divorce mediation checklist.

Is a divorce lawyer a good fit?

Not every divorce lawyer is going to be a good fit for you. Don’t let a divorce lawyer be pushy in your free consultation. Pick the one that best suits you and your desired outcomes. When you file for divorce, your attorney has to juggle many types of law.

What is the goal of hiring an attorney?

For many women, the ‘goal’ of hiring an attorney may simply be “get me outta this marriage!” 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.

Can you represent yourself in divorce?

Most states allow individuals to represent themselves in the divorce process. And, it’s more common than you think: 80 percent of divorces involve at least one party representing themselves. Lots of people go this route – which means you can, too.

Is it a good idea to talk to a lawyer about divorce?

If you’ve made up your mind and there’s no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so you’ve 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.

1. What Do You Need to Know About Me?

It can be difficult to know where to begin as you discuss your marriage and your desire for a divorce. Therefore, ask the attorney what information you need to share. Then, the lawyer can guide you through the process of telling your story and identifying the issues you want to address during this first meeting.

2. What Can I Expect From the Divorce Process?

Most people do not think about the divorce process until matters at home become unbearable. Therefore, it is common to have many questions regarding how you obtain a divorce in Florida.

3. What Are Ways I Can Reduce the Cost of Divorce?

Many people assume that it is expensive to file for divorce. However, there are ways that you can reduce the cost of a divorce.

4. What Are My Rights Regarding the Basic Elements of a Divorce?

Understanding your legal rights also helps relieve some of the stress you might feel as you begin the divorce process.

5. What Is My Next Step?

After you discuss the above questions, your last question addresses what to do next. If you are ready to pursue a divorce, the lawyer explains the attorneys’ fees and cost of retaining the law firm.

Obtaining Information is the First Step in Protecting Your Best Interests

Meeting with a divorce lawyer does not mean that you must file for divorce. However, knowledge is power. Obtaining answers to your questions and learning about your legal rights is the best way to protect your best interests and the best interests of your children.

What makes a good divorce lawyer?

A good divorce attorney will be knowledgeable and objective. As you explain your situation, the lawyer should be able to give you some idea of the general options available to you and the basics on the process your case will take. There are a few questions that you should ask when you sit down with the attorney.

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What is child support?

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How to prepare for alimony?

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.

Who wrote the book "Getting to Yes"?

Have you read “Getting to Yes”? “Getting to Yes,” a book by the authors of the Harvard Negotiation Project, is considered the authority on principled settlement. These guys originated the concept of win-win, later made famous by Stephen Covey and his “7 Habits of Highly Effective People.”.

Is divorce easy?

Divorce is not easy , and the vast majority of the people that we consult with are not emotionally ready to pull the trigger. Often a driving force is that there are assets, other financial obligations, or even relationships with children that need to be protected, and the jurisdiction of the court needs to be invoked.

Is Florida a legal separation state?

While Florida doesn’t exactly call it a legal separation, the state does offer an alternative for two parties to divide assets and to provide support to one another even without filing a divorce. The separate maintenance actions can give rise to what is in effect a legal separation in Florida.

Is child support based on a formula?

Child support is based on a formula in Florida . But often we have a difficult time getting to a child support number. That’s because while the formula might be straightforward, sometimes finding out the numbers to put into the formula is anything but. My spouse has a business and lies about his income to the IRS.

Do cases go to litigation?

The reality is certain cases must go to litigation in order to get the right result. You are vetting not just the transactional experience of your family law attorney, but also their ability to litigate if and when it is required.

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