what questions to ask a lawyer when separating

21 Questions To Ask a Divorce Lawyer During Your First Visit

1. How Much Experience Do You Have In Divorce And Is It Your Specialty? Experience counts. Oftentimes, a lawyer’s or law...
2. What Is The Divorce Process Like? You’ll want to ask what you and your spouse will go through in the divorce process.
3. How Do You Think The Judge Will Rule In My Divorce Case? If you...

Full Answer

What questions should I ask my divorce lawyer?

Planning to discuss your separation with a Lawyer? Here are some key questions to ask: 1. What is a ‘divorce’ in Australia? 2. What is a ‘separation’? 3. From what ‘date’ are we actually separated and how is that decided? 4.

Are you prepared for your first meeting with your divorce lawyer?

Nov 23, 2021 · 21 Questions To Ask a Divorce Lawyer During Your First Visit 1. How Much Experience Do You Have In Divorce And Is It Your Specialty? Experience counts. Oftentimes, a lawyer’s or law... 2. What Is The Divorce Process Like? You’ll want to ask what you and your spouse will go through in the divorce ...

Do I need a lawyer for a separation or divorce?

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.

How can a lawyer help you prepare for a divorce?

Apr 05, 2016 · Asking this question gives you an impression of how your lawyer likes to work. You can also get an idea of if they have the experience to properly represent your case. A lawyer who excels in courtroom battles may not be the right option if you are looking for a collaborative solution to your separation. 10.

What should I ask for in a separation?

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 are good questions to ask lawyers?

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?

There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education.

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 are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•Feb 6, 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 the usual split in a divorce?

The Court will normally consider a 50/50 split of the matrimonial assets when dealing with a long marriage following the 'yardstick of equality'. With short marriages, capital contributions become more relevant in deciding how assets are divided in a divorce. Age is also an important consideration.Nov 25, 2020

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

Why is it important to ask a divorce attorney about their experience?

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 should an attorney explain to you?

The attorney should explain to you the importance of the attorney - client relationship and the privilege in communications. The attorney should explain to you how and why you should not disclose attorney - client communications to any third parties or your spouse. This is a complex topic.

What can a divorce attorney do for you?

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.

What happens if an attorney cannot provide references to former clients?

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.

What happens if an attorney does not have a solid command of the law?

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.

How often do attorneys communicate?

The more complex the case, the more the communication will likely take place. A typical case has communication between one to four times per month.

Why do you use "likely" in divorce?

I use the word "likely" because there are facts you may not know and which may surprise you during the divorce.

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.

What happens if you don't get divorced?

If you are not granted the Divorce, it will be due to the Registrar or Magistrate needing clarification about your application, in which a letter will be sent to you directly for you to then answer. We recommend you seek legal advice.

How long does it take to get a copy of a sealed order?

The general turn around is four weeks for postal request and if you are going in person, a copy will be provided to you on the same day. Each state or territory will have its own process: A copy of any final sealed children’s orders you may have if you have children under the age of 18.

Can you serve a divorce document yourself?

If a solicitor does not represent them, you will have to organise personal service of the sealed Application for Divorce documents. You cannot serve these yourself. However, any person over the age of 18 can serve on your behalf.

Do you have to attend a divorce hearing?

Most divorce hearings do not require the attendance of the parties unless it is a sole application by one party only or it is a sole application, and there are children under 18 years, in which case you will be required to attend the hearing. You must also attend the hearing where the other party files an objection.