what to ask a divorce lawyer when considering separation

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 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 separation?

Always Talk to an Experienced Divorce Lawyer Prior to Telling Your Spouse Anything About Separating Short of an event involving domestic violence and danger to your personal safety, you should always seek legal advice in advance of telling your spouse you are leaving him or her.

What to ask a divorce attorney about a move away request?

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. Experienced divorce attorneys will not struggle to answer your questions.

How do I decide to get divorced?

You want to be calm and discuss your decision in a way that results in the least amount of emotional damage to you, your spouse and your children. You should state your desires firmly and be direct, but also show respect and kindness towards your spouse in your discussions.

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 should a woman ask for in a divorce settlement?

You can ask for life insurance, a smaller share of your accumulated debt, more of the family heirlooms or jewelry, or a higher percentage of the retirement funds. Just like women, the men can ask for whatever they feel like they're entitled to within the divorce.

How do I prepare myself for a separation?

What to Do to Prepare for Separation or DivorceFind an Experienced Divorce Lawyer. ... Be Certain You Want to Separate or Divorce. ... Gather All Necessary Financial Documents. ... Develop a List of Your Assets and Debts. ... Carefully Consider Your Goals for Child Custody. ... Don't Live Like You're Single. ... Take Household Inventory.More items...•

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...•

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 is a fair split in divorce?

As both parties are in similar positions financially at the end of their marriage, as they were at the start (both still work in similar roles with similar incomes), a fair divorce settlement may be a 50:50 split of the marital assets.

What should you not do during separation?

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.

What is the first thing to do in a separation?

Here's how to file for legal separation.Step 1: Confirm Your State's Residency Requirements. ... Step 2: Move to File for Separation Petition. ... Step 3: Move to File Legal Separation Agreement. ... Step 4: Serve Your Spouse the Separation Agreement. ... Step 5: Settle Unresolved Issues. ... Step 6: Sign and Notarize the Agreement.More items...•

How do you know it's time to separate?

They have disconnected, no longer spend time together, no longer communicate with each other and don't support each other. If it feels like you are no longer a team, consistently better to be away from each other than together and you have disengaged from the relationship, it may be time to call it a day.

How do you fight a narcissist in a divorce?

Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

Is furniture considered an asset in a divorce?

When household items, including your furniture, furnishings and appliances do not have a substantial value, spouses will equally divide the items based on agreed-upon method. One option is for spouses to alternate picking an item until all of the items are divided (absent personal effects).

How can a woman protect herself in a divorce?

5 Helpful Tips to Protect Yourself When Your Spouse Files for...Hire An Attorney. You may not know that you are not actually required to litigate a divorce. ... Cancel Joint Credit Cards. ... Keep Tight Records. ... Don't Sign Anything. ... Choose Your Words Carefully. ... Protect Yourself.

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 to do if you have a negative feeling about your spouse?

Even if you have negative feelings about your spouse, it is better to try to deal with those issues on your own instead of fighting them out. Your attorney will work to help you get a fair settlement and protect your interests while you work on moving forward with your life after your divorce.

Why is it important to ask an attorney about a complaint?

One of the biggest complaints lawyers get is that their clients feel that they often don’t know what is happening with their case. That is why it is important that you find an attorney you will feel comfortable communicating with. Here are some of the most important questions to ask your attorney when you meet for the first time: 1.

What happens when you are amicable in a divorce?

When parties are ethical and open about their financial worth during an amicable divorce, each party will know what debts and assets that the other party has. During a contested divorce, some parties may try to hide their assets. Financial professionals may be needed to track down hidden assets.

Can an attorney see you when you are not at your best?

Your attorney may end up seeing you when you’re not at your best, which is alright if you have a good attorney-client relationship. Experienced family law attorneys understand how difficult divorce is and will help you see past your immediate problems so you can envision yourself moving on and starting over again.

Can you have a trial after a judge orders a reconsideration?

Hopefully, you can work out an agreement and avoid court intervention. If not, you may have to have a trial to protect your interests. After the judge enters their final orders, it may be appropriate to file some motions to reconsider or an appeal in your case but that will be discussed with your attorney at that time.

Should an attorney be working to resolve a case?

While the attorney should be working to resolve the issues as amicably as possible, sometimes court intervention is needed. Both you and the attorney should always keep in mind that the case could end up in trial. While attempting to reach a resolution, work towards being able to protect your interests in court. 5.

Is it better to settle or take things to trial?

Settlement is typically better than taking things to trial, unless one spouse is being unreasonable. If you are divorcing a narcissist, there may not be anything you can do to make your former partner see reason, but there are persuasive reasons to work together during a divorce. 6.

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 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.

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.

Can you get child care tax exemptions in divorce?

However, the parties in a divorce can always agree to do whatever they want with the tax exemptions. It’s important to address tax exemptions as early as the first divorce consultation in your case.

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.

How to separate if spouse has affair?

If you suspect your spouse is having an affair, it may be wise to seek the assistance of a private investigator before you announce your intent to separate. Once you announce your desire to separate, your spouse may seek legal counsel, and his or her lawyer will most certainly advise a cheating spouse to assume he or she is being followed. Hiring a private investigator after you announce the separation might not be useful, if your spouse suspects he or she might be caught and starts behaving.

What to do if you are conflicted about your marriage?

If you are conflicted about your decision to leave your marriage, you may wish to consult first with a marriage or family therapist, or a c lergy member, to assist you in making your decision. Once you take steps to separate, such as telling your spouse you want a separation and/or divorce, it may be difficult or impossible to reconcile, ...

What happens if you tell your spouse you are leaving?

After you tell your spouse you are leaving, it is possible that your spouse may change the passwords or codes to these accounts, and it may become more expensive and difficult for you to obtain copies before you separate. Once you inform your spouse of your decision to separate, he or she may take steps that make it difficult for you to obtain ...

How to approach your spouse?

Before you approach your spouse, consider carefully what you will say and where you will have the discussion. You want to be calm and discuss your decision in a way that results in the least amount of emotional damage to you, your spouse and your children. You should state your desires firmly and be direct, but also show respect ...

Where to schedule a business meeting with spouse?

You may want to schedule a “business meeting” with your spouse at a quiet public place, like a coffee shop, where each of you drive to the public place separately. You can then always leave separately if one of you becomes overly emotional, upset and/or angry.

What is Legal separation?

Think of legal separation as a divorce, you just don’t complete the last and final step (legally terminating the marriage). In both divorce and legal separation, you divide all of your assets and debts, create a child custody schedule, and resolve financial support matters.

How do you set up a legal separation?

The process is pretty much the same as divorce, you just need to ensure that you check the right boxes on the forms. If you know what you’re doing, it’s almost as simple as that.

What Sort of Situations Does Legal Separation Work For?

For most, legal separation is just a lengthier, more expensive path of divorce. That being said, there are some situations that are a good fit for legal separation.

My Top Advice to Couples Considering Legal Separation?

Sadly, most couples that get to the point of considering a legal separation are ultimately going to divorce. It’s a nice idea, and it does work for some, but not many. Most breakups don’t come about just because of money issues; there’s usually something (s) deeper.