what questions to ask a lawyer about separation

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. Where should I file for a legal separation?

Full Answer

What questions to ask a divorce lawyer?

Below is an exhaustive list of questions that you should ask the divorce lawyer you meet with before seeking legal advice. Feel free to skim and take the ones you want! Have Other Questions To Ask A Divorce Lawyer? How do you charge for your services?

When to talk to a divorce lawyer about a separation?

Whether the separation is amicable, aggressive or very emotional the amount of communication between you and your partner should be determined after that first meeting with your lawyer. Remember, client/attorney privilege laws won’t protect you in circumstances that don’t involve your lawyer.

What questions should I ask when hiring an attorney?

If the attorney or law firm you intend to hire does not have a specific and secure method of storing and transmitting that information, you should ask yourself what else are they not diligent about. 2. How will I have access to my file?

What questions should I ask my child custody attorney?

If you have a question about a specific aspect of child custody such as move away requests, ask the attorney what California law states about move away requests. Whatever is on your mind should be in the form of a question to your attorney regarding California family law.

What should a woman ask for in a divorce settlement?

A detailed parenting-time schedule—including holidays! It's in your best interest, and more importantly in the best interest of the children, that you have a detailed schedule in an attempt to avoid issues down the road. This parenting-time schedule is an extremely important thing to ask for in a divorce settlement.

Which issues would be considered in a separation agreement?

the division of marital assets and debts. spousal support (maintenance or alimony) child custody. child support.

What questions should I ask when getting a divorce?

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 am I entitled to in a separation Australia?

The eligibility of either party for pensions, allowances or benefits; The duration of the relationship and how it has impacted the earning capacity of either party; The provision of child support made by the parties; and. The terms of any financial agreements binding upon the parties.

What should you not do when separating?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

Does a separation agreement stand up in court?

Technically, no. Although the separation agreement can be a formal legal document, if it's drawn up correctly by experienced legal professionals, it isn't technically legally binding in its own right. A separation agreement is not a court order, and the court is not usually involved in creating it.

How do you play dirty in a divorce?

Top 10 Dirtiest Divorce TricksServing Papers with the Intent to Embarrass. You're angry with your spouse, and you want to humiliate him or her. ... Taking Everything. ... Canceling Credit Cards. ... Clearing Our Your Bank Accounts. ... Starving Out the Other Spouse. ... Refusing to Cooperate. ... Jeopardizing Employment. ... Meddling in an Affair.More items...•

How do you ask for separation in a marriage?

To ask for a trial separation, tell your spouse how you feel and work out a plan for your time apart. It's best to tell your spouse ahead of time that you want to talk about your marriage, so they have a little time to prepare. When you sit down to talk, tell them how you feel.

What to do before telling spouse you want a divorce?

What to do and what not to do before you separate – Do'sTake a copy of your marriage certificate. ... Take a copy of the children's passports and birth certificates. ... Take a copy of all financial documents. ... Take all the furniture and belongings you want with you. ... If possible remain in the family home. ... Develop an Action Plan.

Do I have to support my wife during separation Australia?

Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse, or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.

Who gets to stay in the house during separation?

Both spouses are allowed to live in the family home while they are separated, no matter who owns it. In theory, one spouse can't force the other out. A spouse who decides to leave can return whenever he or she wants to. It's better if the spouses can agree on who will stay in the home if they decide to separate.

How are assets divided in a separation?

How does the division of assets work after separation or divorce?Identification of the pool of assets;Assessment of the contributions of each party;Adjustment for future needs; and.Determination of whether the division is just and equitable.

How often do attorneys talk to their clients?

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 isn’t a right answer, but it’s good to know in advance what the scope of communication will be.

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 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 collaborative divorce?

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 you’re meeting with think that this is a reasonable possibility in your case? Why or why not?

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.

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 it better to settle a divorce case or go to trial?

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.

What time do you call a lawyer?

( Required field) Morning (8:00AM to 12:00PM) Afternoon (12:00PM to 5:00PM) Evening (5:00PM to 9:00PM) Other. AM PM.

Can you have a substitute executor in your mother's will?

Your mother's Will should have named a substitute executor. If it did not, you and your siblings can ask the court to appoint one. The lawyer who represented your stepfather may be willing to represent you.

What can a lawyer do for you?

A lawyer can advise you on the ways to protect yourself and your assets. These can save you a lot of money and aggravation down the road, as your divorce proceeding continues.

Can you have multiple lawyers working on your case?

Your first meeting with a lawyer might be with a single person or multiple people, but do not be alarmed if you are told multiple people are working on your case. Different lawyers with ranging skill levels and experience will usually work on your case. Achieving a favourable ruling is a collaborative effort. Typically work is driven to the person with the lowest hourly rate who can do the work that is necessary. This may include: associates, clerks, assistants and students.

Do divorce cases need to be settled out of court?

Some divorce cases can be settled out of court, so there is not always a need for a trial.

What to ask a divorce lawyer for the first time?

When discussing with your divorce lawyer for the first time, it’s crucial to ask for testimonials from past clients.

What should an experienced divorce lawyer show you?

An experienced divorce lawyer should show you how much you can discuss with your spouse and examples of off-limit discussions.

What happens if an attorney has a high caseload?

If an attorney has a high caseload, it may put you in the backlog, leading to negligence and jeopardizing the divorce process.

What is a good divorce lawyer?

Good divorce lawyers are excellent communicators. They must be available to answer your questions at any time while reaching you for information if need be.

What happens if you don't hire a lawyer?

However, if you’re unable to hire a good lawyer, you’ll struggle to make a case, and the divorce may end up unfavorably.

What is collaborative divorce?

Collaborative divorce is mostly an out-of-court agreement to dissolve a marriage on peaceful terms.

Is a divorce attorney a service?

The divorce attorney is offering a service. Most service providers don’t get it right at the first attempt. While they get better over time, you don’t want to be a source of experience to the lawyer.

How long do you have to wait to hire a lawyer?

Now, you might need to hire a lawyer immediately if your spouse has already filed for a divorce, however, if you are the one thinking about filing it, you could wait for several days, weeks, or months before making a decision. If you want to hire a specific attorney, they’ll ...

What to discuss during a first consultation?

Hence, during your first consultation, you should discuss some methods that will help you properly manage the financial aspect of your case. Keep in mind, the expenses, in the end, won’t only depend on you or your legal representative, it will also depend on your spouse too.

Is divorce expensive?

You probably already know that the entire process of getting a divorce is expensive, which is why most people worry about their finances. The expenses you’ll have will depend on a wide range of things including how complex your case is, whether there is custody of the kids involved, as well as how well you can work with your spouse during the divorce.

Is divorce stressful?

The entire process of getting a divorce is stressful, complex, and extremely difficult for all parties involved. However, by talking to your lawyer and asking them the aforementioned questions, they’ll be able to explain what you’ll have to expect during the process, as well as how it will look like.

Is it stressful to get divorced?

Getting a divorce is always extremely stressful for everyone involved, and the situation gets even more serious and daunting when there are children involved. So, if you are feeling uncertainty and denial as you prepare to meet with your divorce lawyer for the very first time, know that it is not unusual and that it happens to everyone.