what to ask a lawyer about separation

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...•

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.

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 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 usual split in a divorce?

Parties' ages and the length of the marriage 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.

Who pays attorney fees in divorce?

When a divorcing couple's financial situation is not completely one-sided, courts will sometimes order the spouse with a larger income to pay a percentage of the other party's attorney's fees in proportion to each spouse's income.

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 calculate fair divorce settlement?

How the court decides what is a “fair divorce settlement” depends on a number of factors, including:Each partner's individual assets.Contributions to the marriage or civil partnership, both financially and emotionally.Time out of the workplace.Earning capacity.Standard of living before the break-up.More items...•

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.

Do I have to support my wife during separation Australia?

It is important to observe that parties have 12 months from the date of their divorce to obtain spousal maintenance. De facto couples have 24 months from the date of separation. The courts may grant leave to apply out of time for maintenance, but the applicant must establish special grounds, which may not apply.

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.

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.

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.

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 usually happens in your first meeting

The first meeting is generally an information gathering session that enables us to provide more in-depth advice. However, at times, we do need to provide some preliminary advice at the initial meeting, especially on urgent interim matters.

The topics we cover in your first meeting

There are five main topic areas that we try to broadly cover off in our first meeting with our new clients. These topics are:

What you need to think about before your first meeting (property & parenting)

Many clients come to their first meeting and are not really sure about what the next steps are. This is very common and completely understandable.

Information you should collate for your first meeting

When you come to your initial meeting, it is beneficial to have even a vague idea of your family property pool. Not many people actually know everything, so do not worry about that.

The importance of seeking advice early on

It is important to understand that there will be real consequences for delaying a property settlement or entering into an informal property or maintenance arrangement.

How often are we likely to communicate?

When dealing with any lawyer the issue of communication is very key. You need to know how likely you are to communicate about this issue. You might not know it but the issue of communication is very key when it comes to dealing with a separation lawyer.

What needs to happen in case the presiding judge declines a proposed property sharing formula

You also need to know what should happen in the event that the presiding judge declines the proposed property sharing method. The Lawyer you choose should always try his or her level best to represent your interests in the best manner possible. As such, he or she needs to give you all the information you need in case things go right or wrong.

How long is the case going to drag?

Some separation cases never seem to end which can be so inconvenient to some people. Even if you are working on an employment separation agreement, you need to know how long your case is going to last. Such information will help you to plan your life with regards to other things in your life as well.

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Sofia Kelly is a passionate blogger. She loves to share her thoughts, ideas and experiences with the world through blogging.

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.