what questions should you ask a lawyer about legal separation

^{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 answer to this. ...
2. Ask about communication. How will they check in with you throughout the process? ...
3. Ask how you’ll be able to monitor the status of your case. Many lawyers are incorporating technology into their practices – which is a good thing for you. ...
4. After you lay out your case, ask where they see things potentially going off track. This is a good chance to get help thinking ten steps ahead. ...
5. Talk about payment.

Full Answer

What do you need to know about legal separation?

This is an important question for two reasons. 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.

What are the terms of a legal separation?

Jan 14, 2021 · What questions is the lawyer asking you about your situation? This question is your chance to 1) make sure they’ve been hearing you and 2) get insights that could help keep your divorce process moving along without surprises. 5. Talk about payment. This question is especially important if you’re concerned about your financial situation.

How many days apart equals a legal separation?

A divorce lawyer is no different. While you don’t need to choose the first lawyer you consult with, you want to make sure you’re seeking out true, professional divorce attorneys and that you’re prepared to ask your divorce lawyer questions so that the process is as efficient as possible. Making the Right Choice

What does legal separation entail?

Oct 17, 2019 · Questions for Your Attorney My spouse and I have been married less than a year and want to get a legal separation. Have we been married long enough to qualify? I definitely want to divorce my husband. Is there any reason I should consider getting a legal separation before seeking a divorce? My spouse and I live in different states.

What questions should you ask your attorney?

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

What should a woman ask for in a divorce settlement?

5 more things to ask for in a divorce settlement agreement Co-parenting plan. Relationship building. Documentation. Money.Aug 16, 2019

How do you start a conversation with a divorce lawyer?

10 things to bring to your initial consultation with a divorce...Prepare your Schedule of Assets and Debts. ... Prepare your Income and Expense Declaration. ... Prepare a list of questions you want to ask the divorce lawyer. ... Tax Returns. ... Self-employment documents. ... List out the relevant facts about your case.More items...•Feb 5, 2017

What to ask yourself before getting divorced?

Questions to Ask Yourself Before You DivorceWhat Has Gotten You to the Point Where Divorce Is the Option?What Have You Done to Try to Fix the Problems?What Will the Impact Be on Your Children?What Were the Best Times in Your Relationship?Sep 21, 2020

What are women's rights in a divorce?

A wife has the legal right to stay in the matrimonial home under any circumstances i.e even after her spouse dies. If there's a case of divorce, the woman may choose to live in her matrimonial home until there is a proper place for her to move in. she can legally stay in that home if she wants to.Mar 14, 2021

What are the four main issues in divorce?

Four Primary Issues in DivorceProperty Division. Almost every marital estate includes assets and debts. ... Spousal Maintenance. ... Custody and Parenting Time. ... Child Support.Jan 24, 2013

What is a contested divorce?

What is a contested divorce? A contested divorce is a more complicated procedure and will involve the divorcing couple having to attend court hearings (usually two). If the respondent wants to defend the divorce, they will then have a further month to submit their answer (which is similar to a statement).May 11, 2021

What does a divorce lawyer do?

A divorce lawyer, or divorce attorney, is a legal professional who practices family law and ensures the protection of clients' rights during legal separations, divorces and custody cases. Divorce lawyers often work for family law firms and specialize in the legal filing, division of assets and aspects of child custody.May 20, 2021

How do you know when marriage is over?

7 Signs Your Marriage Is Over, According to ExpertsLack of Sexual Intimacy. In every marriage, sexual desire will change over time. ... Frequently Feeling Angry with Your Spouse. ... Dreading Spending Alone-Time Together. ... Lack of Respect. ... Lack of Trust. ... Disliking Your Spouse. ... Visions of the Future Do Not Include Your Spouse.Dec 7, 2019

What should you think about before separating?

Separation is never easy. What you need to know to make the best of it.Know where you're going. ... Know why you're going. ... Get legal advice. ... Decide what you want your partner to understand most about your leaving. ... Talk to your kids. ... Decide on the rules of engagement with your partner. ... Line up support.Jan 17, 2020

How do I ask my husband for separation?

You should state your desires firmly and be direct, but also show respect and kindness towards your spouse in your discussions. This is not the best time to catalogue all the reasons your spouse “caused” this separation and you should not approach the conversation with anger.Oct 1, 2018

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.

How long did it take Elizabeth to get divorced?

Having this goal in mind helped keep things moving, and as a result, her divorce took 364 days between her initial filing and final judgment.

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.

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.

What is legal separation?

A legal separation is formally recognized by a court and actually changes marital obligations toward one another. There are situations where you may want to avoid a legal separation, so it's best to consult a local family law attorney for advice.

How long does a legal separation last?

In most states, a legal separation is for a limited amount of time. For example, in Utah, couples can have a legal separation that lasts for up to one year.

What happens if you are separated legally?

During your legal separation, you and your spouse are still legally husband and wife, which entitles you to certain protections and benefits. A legal separation is formally recognized by a court and actually changes marital obligations toward one another.

Is a voluntary separation the same as a legal separation?

A voluntary, information separation where you and your spouse live apart is not the same thing as a legal separation. With this type of informal or trial separation, you and your spouse have chosen to live apart for an unspecified period of time. There are no legal ramifications to a short trial separation. A long term separation may affect your property or custody rights. By contrast, a legal separation is quite different than both of these scenarios. A legal separation is formally recognized by a court and actually changes marital obligations toward one another. There are situations where you may want to avoid a legal separation, so it's best to consult a local family law attorney for advice.

Can a long term separation affect your property?

There are no legal ramifications to a short trial separation. A long term separation may affect your property or custody rights. By contrast, a legal separation is quite different than both of these scenarios.

Do you have to file taxes if you are legally separated?

However, depending on the particular laws of your state, if you're legally separated, you may be required to file taxes as a single person.

What happens if you go to court for separation?

The court will decide what is ‘just’ in the circumstances considering: The parties’ financial, non-financial and homemaker contributions to the relationship . This is the pool of assets.

What is a separation guide?

What is The Separation Guide? The Separation Guide is a resource hub for people going through, or considering, a separation or divorce. Separation can be a maze. We have a network of professionals who can help guide people through, including Mediators, Family Lawyers, financial advisors, psychologists and more.

What happens if a parent signs a consent order?

However, if a Parenting Plan is signed by parents after a Consent Order, then the Parenting Plan will take precedence over the earlier dated Consent Order. A Consent Order is a legally enforceable document and if a party does not comply with the terms of a Court Order, there can be serious consequences.

What happens if a court does not consider equal time suitable?

If a Court does not consider equal time suitable, then the Court must consider an Order such that the children live primarily with one parent and spend significant and substantial time with the other parent. Significant and substantial time can include weekends, weekdays, holidays and other special events. Property.

Is separation a myth?

Yes. Many people believe the opposite to be true. However, this is simply a family law myth. ‘Separation’s not just physical,’ explains Family Lawyer Rebecca Dahl from Nicholes Family Lawyers in our podcast. ‘It’s really about the intention behind what people are doing.’. Find out more.

Is the cost of separation higher or lower?

The answer is, it depends on the kind of separation you have. If the separation is relatively amicable and the parties want to move on quickly then the costs will be lower. But if there is bitterness, a protracted process and a need to go to Court then the costs will be higher.

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.

What is a good deal in a case?

Even if your case does not step foot in a courtroom, it’s 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 spouse’s particular needs.

What is the greatest tragedy in divorce cases?

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 single pot divorce?

Divorce cases are ”single pot” cases, where the monies spent on the case can correspondingly lead to a decrease in money available for the parties. Cost-benefit analysis is required at every stage of the game.

How to know if you're getting a reasonable deal?

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.

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.

Can an attorney handle a high conflict case?

It’s just the stark reality of life that no attorney can handle a caseload that is 100% high-conflict. High-conflict cases tend to take up a disproportionate amount of time, energy, and emotional resources.

What does experience mean in family law?

Experience counts for a lot in family law. A lawyer who has put many years into resolving conflicts will be able to propose more creative and specialized solutions than one who is a newcomer.

Is it good to get a lawyer's opinion?

While the answer to this will certainly depend on many different variables specific to your situation, it’s good to get your lawyer’s professional opinion . After hearing of the details, your lawyer will have an idea of if you are likely to find a quick resolution, or if there may be complications that will extend the duration of the case.

Do lawyers have a third party perspective?

While it may take some time for your lawyer to become intimately familiar with your situation, they have the advantage of having a third-party perspective. While your emotional ties to the case may easily cloud your judgment, a lawyer will be able to see the entirety of the situation and make recommendations accordingly.

Is divorce more difficult than divorce?

Every situation is unique and some divorces are more difficult to resolve than others. If you and your partner are willing to work together, there may be a simple and collaborative solution. If not, your case may require more drastic steps. Either way, your lawyer will be able to give you insight into the legal process that can smooth out misunderstandings and misperceptions.