what should i take with me to divorce lawyer

by Lincoln Stiedemann 5 min read

5 Things You Should Bring with You to a Divorce Consultation

  • 1 – Bring a List of Questions You Have. As mentioned, this is the perfect time to ask the divorce lawyer about any...
  • 2 – Consider Bringing Pay Stubs. It’s common for divorce attorneys to ask how much money both you and your spouse make.
  • 3 – If You Have Tax Returns, Bring These. Sometimes it’s understandably a...

10 things to bring to your initial consultation with a divorce lawyer
  • 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.
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Feb 5, 2017

Full Answer

What are the best questions to ask a divorce lawyer?

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What qualities make a good divorce attorney?

  • Understanding of Family Law: First and foremost a Divorce attorney should be through with laws concerning divorce which are a) Hindu Marriage Act, 1955; b) Hindu adoption and Maintenance Act ...
  • ANALYTICAL AND RESEARCH SKILLS: Preparing a legal strategy is complicated. Each case involves a large volume of facts and records. ...
  • DEDICAT

How do I find a good divorce attorney?

You can get divorced in England or Wales if all of the following are true:

  • you’ve been married for over a year
  • your relationship has permanently broken down
  • your marriage is legally recognised in the UK (including same-sex marriage)
  • the UK is your permanent home, or the permanent home of your husband or wife

Can anyone recommend a good divorce lawyer?

I would highly recommend them to any woman or man go through the same family law / divorce case i had. We have now had everything order by the court and i coudlnt be more grateful for their help. I recommend OTS Solicitors, and they family team.

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What steps should I take if I want a divorce?

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...

What should I ask for in my divorce?

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.

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.

What can wife claim in divorce?

For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.

What is the most contentious aspect of divorce?

Dividing up property a couple has acquired throughout their marriage (also known as marital property) can be one of the most contentious aspects of divorce. Luckily, divorce attorneys can help alleviate some of your legal and financial stresses by advocating for a division of property that works in your favor.

Is divorce exhaustive?

As you can see, the above list extensive -- yet, it is not exhaustive. Every divorce is different since every couple enters and leaves a marriage under different circumstances and with different assets. Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all ...

What is the goal of a divorce consultation?

When having your divorce consultation, the goal is for you get your questions answered. Likewise, it is also the divorce lawyer’s goal to get a better understanding of your situation so they can best advise on next steps for your divorce. This will also help them to provide timelines and expectations with you.

Do you need a prenuptial agreement to get divorce?

If you have a prenuptial agreement, this something you will certainly want to bring as it will help in preparation of a divorce agreement. In addition to agreements relating to your marriage, if children are involved, you may also consider bringing their birth certificates.

Can you get a no fault divorce in Texas?

In the event you are seeking a “fault divorce,” you’ll want to bring any evidence which is considered incriminating. This may include photos, posts on social media, or any other evidence that provides proof of any abuse, cheating, etc. While Texas does allow for “no fault divorces,” this sort of evidence may create weight in your favor ...

Is divorce difficult?

We understand that facing divorce is difficult. More often than not, it brings with it negative feelings and emotions. But you don’t have to face it alone. If you are facing divorce, we encourage you to schedule a divorce consultation with our firm. At the end of the day, you want a positive outcome in your case.

Why is it important to provide a complete and organized file with all documents to your attorney?

It’s important that you provide a complete and very organized file with all documents to your attorney, which will help the negotiation stage of the divorce. "Divorce is one of the greatest upheavals you will ever experience in your life," says former divorce lawyer Brette Sember. "Because the process is so overwhelming, ...

What documents are needed for real estate?

Documents Related to Real Estate 1 Any documents showing the legal description of any real estate owned together or separately. These can be obtained from your mortgage company or bank. 2 Your current mortgage statements on any mortgages you have on real estate property. 3 All documents pertaining to the initial purchase of the real estate. 4 If the real estate has been refinanced, all documents pertaining to the refinance. 5 Tax assessor’s statement (s) pertaining to any and all real estate.

Do you have to disclose debts during divorce?

"All debts entered into during the marriage must be disclosed as part of financial disclosure ," explains Sember. "The court will determine which are marital debts and divide them as part of the divorce ."

Do you have to disclose assets in a divorce?

Similar to income statements, the court needs documentation of all financial accounts, both separate and joint. "Both parties have to completely disclose their assets ," asserts Sember. "Any account opened or contributed to during the marriage is potentially marital property and must be assessed."

Can a divorce court prove truthfulness?

Your spouse might make claims to a mediator or in divorce court, but documents can prove whether they are being truthful. So, you need to provide any documents that tell the story of what has happened in your marriage financially and in any other way.

What is the most contentious aspect of divorce?

Dividing up property a couple has acquired throughout their marriage (also known as marital property) can be one of the most contentious aspects of divorce. Luckily, divorce attorneys can help alleviate some of your legal and financial stresses by advocating for a division of property that works in your favor.

Is divorce exhaustive?

As you can see, the above list extensive -- yet, it is not exhaustive. Every divorce is different since every couple enters and leaves a marriage under different circumstances and with different assets. Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all ...

Is it a good idea to have an open and frank conversation with your attorney regarding all of the property?

Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all of the property and assets relevant to your case.

How to deal with divorce emotionally?

If you have the financial means, it can help to speak with a therapist or other mental health professional. At the very least, speak with friends who have been through divorce. Let your family and friends know that you’ll be leaning on them for advice and moral support. Being emotionally stable will better prepare you to make smart decisions as your divorce progresses.

How to decide on financial goals for divorce?

You can’t decide your financial goals for your divorce without having an accurate picture of your assets and debts. While it’s not usually necessary to hire an accountant prior to filing for divorce, it’s a good idea to put together a simple balance sheet showing all of your assets and debts. Include real property, cars, retirement accounts, bank accounts and other assets, as well as any mortgages, notes, credit cards, and other debts. This can give you an idea of what you and your spouse will split, and you can start working on your desired division of the marital estate. Determining your total assets can also help you set a budget for how much to spend on your attorney and the divorce litigation.

What does a divorce decree mean?

In most jurisdictions, the judge automatically issues an order at the beginning of your divorce case that prohibits you or your spouse from selling, buying, or otherwise encumbering or disposing of any marital property. Courts do this to prevent either spouse from draining the bank accounts, or dissipating the marital estate out of spite.

What should be included in a marital estate?

Include real property, cars, retirement accounts, bank accounts and other assets, as well as any mortgages, notes, credit cards, and other debts. This can give you an idea of what you and your spouse will split, and you can start working on your desired division of the marital estate.

Is there more to filing for divorce than submitting a complaint?

There’s more to filing for divorce than simply submitting your complaint to the court. Following these ten tips will help you achieve a better outcome in your divorce.

Can you get custody of your children if you divorce?

If you have children, their custody situation is probably at the forefront of your mind when getting a divorce. You should know that, absent extreme circumstances, you and your spouse will end up sharing custody of the children. It’s a good idea to sit down and carefully review your work schedule, your children’s schedule, and your other obligations and come up with your desired schedule for custody. If you can come up with a arrangement that gives both you and your spouse time with the children, you’ll be leaps and bounds ahead of most people who file for divorce.

Can you share custody of your children with your spouse?

You should know that, absent extreme circumstances, you and your spouse will end up sharing custody of the children. It’s a good idea to sit down and carefully review your work schedule, your children’s schedule, and your other obligations and come up with your desired schedule for custody.

What to do before a divorce meeting?

Before your first meeting remember the 4Ps. Preparation prevents poor performance. As a matter of fact, remind yourself of the 4Ps throughout the divorce process. Before your first meeting, you need to prepare two documents if at all possible. One is simple biographical information– your full name, address, phone numbers, place of employment, ...

What is the first meeting you have with a divorce attorney?

The first category is when you are unhappy in your marriage, know very little about divorce, and want to gather some basic information so you can make educated decisions about preserving or ending your marriage.

How many pages should a divorce narrative be?

If you have decided to file a divorce, or your spouse has filed a divorce against you, your narrative needs to be more detailed — probably three to 10 pages . The next group of items that you will need to bring to your first meeting with you attorney is financial information.

What is a citation in divorce?

You may have been served with a citation — an official document from the court advising you that you have been sued for divorce and giving you a specific time to respond to the court or ordering you to appear in court on a specific date.

Do you know if you are going to get divorced?

You do not really know whether or not you are going to get divorced. You just want to know what your options are. The second category is when you have made the decision to end your marriage and you are meeting with your divorce attorney for the first time because you want to file a divorce.

What to ask a divorce lawyer?

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 they’ve been hearing you and 2) get insights that could help keep your divorce process moving along without surprises.

How many lawyers should I hire for divorce?

You get to choose who helps you through it. That’s why I highly recommend interviewing at least 2-3 attorneys before selecting one. Don’t let anyone pressure you into working with them, either. This process is going to get harder before it gets easier, so it’s important that the lawyer by your side – the lawyer who is going to be learning a lot about the inner workings of your marriage, your finances, and more – is someone that you trust, respect, and actually like.

Why is it important to have an open mind when getting divorced?

Before you pull into the attorney’s parking lot, repeat this mantra: No two divorces are alike! No two divorces are alike! Having an open mind about the hard things— 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 summer— will help your prospective attorney come up with a strategy that meets your long term goals and makes sense for your unique circumstances.

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.

What does Christy do in a divorce?

For Christy, receiving this information allows her to give the most bang for a potential client’s 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.

How to cut down on lawyer fees?

You can cut down significantly on fees by forming a relationship with team members who bill at a lower hourly rate.

What should be on a second credit list?

On a second list you should put all of your credit accounts (including, but not limited to credit cards, student debt, personal loans, mortgage, car loan, etc.). That list should include the name of the debtor (s), the current balance on the debt, and the monthly payment.

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1 – Bring A List of Questions You Have

2 – Consider Bringing Pay Stubs

  • It’s common for divorce attorneys to ask how much money both you and your spouse make. When determining items such as child support payments, these will be important pieces of information that will be taken into consideration. By bringing pay stubs with you, this will aid in making more accurate estimates on how much money may be awarded in some ca...
See more on whitleylawfirmpc.com

3 – If You Have Tax Returns, Bring These

  • Sometimes it’s understandably a little tough to round up three months worth of pay stubs. If you are unable to, a tax return may actually be even more helpful, since it’s gives a better picture of yearly income and your financial situation. To obtain a copy of your tax return you may do so online directly from the IRS website here.
See more on whitleylawfirmpc.com

4 – Bring Prenuptial Agreements and Other Documents Related to Your Marriage

  • If you have a prenuptial agreement, this something you will certainly want to bring as it will help in preparation of a divorce agreement. In addition to agreements relating to your marriage, if children are involved, you may also consider bringing their birth certificates. Documents such as these can assist in the event there are questions involving custody, or if your case ends up goin…
See more on whitleylawfirmpc.com

5 – Any “Incriminating” Evidence

  • In the event you are seeking a “fault divorce,” you’ll want to bring any evidence which is considered incriminating. This may include photos, posts on social media, or any other evidence that provides proof of any abuse, cheating, etc. While Texas does allow for “no fault divorces,” this sort of evidence may create weight in your favor if you are seeking specific awarding in your divorce, su…
See more on whitleylawfirmpc.com

Scheduling Your Divorce Consultation

  • We understand that facing divorce is difficult. More often than not, it brings with it negative feelings and emotions. But you don’t have to face it alone. If you are facing divorce, we encourage you to schedule a divorce consultation with our firm. At the end of the day, you want a positive outcome in your case. You can rest assured that with our legal staff, you will be in good hands a…
See more on whitleylawfirmpc.com