what to ask divorce lawyer in consultation

by Orval Kuhn 7 min read

First, ask yourself: Are you sure you actually need an attorney?

  1. Ask them to describe their approach to the divorce process. Each lawyer you speak to should have a slightly different answer to this. ...
  2. Ask about communication. How will they check in with you throughout the process? ...
  3. Ask how you’ll be able to monitor the status of your case. Many lawyers are incorporating technology into their practices – which is a good thing for you. ...
  4. After you lay out your case, ask where they see things potentially going off track. This is a good chance to get help thinking ten steps ahead. ...
  5. Talk about payment.

What are the best questions to ask a divorce lawyer?

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What questions should I ask at a divorce consultation?

Questions That You Should Ask the Attorney. When you visit the attorney’s office, it is important for you to find out as much as you can about the attorney, the process, and other details of the divorce process that you need to know about. To find everything you need to know, you need to prepare a list of questions to ask the divorce lawyer.

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.

What to discuss with your divorce lawyer?

What to Discuss With Your Divorce Lawyer

  • Child-Related Issues. Obviously, this will not apply if you and your spouse have no kids together, but if you do, this will likely be at the forefront of your mind.
  • Asset Division. If a couple has no children, then their main issue will likely be asset division. ...
  • Alimony. ...
  • Documents to Have Ready. ...
  • Seek Legal Help. ...

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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.

What questions should I ask my lawyer?

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...•

What questions should I ask my divorce lawyer UK?

7 questions to ask your divorce solicitor at your first meetingDo I have the right to a divorce? ... How long will my divorce take? ... Who will our children live with? ... How much will maintenance be? ... Who will pay the costs of my divorce? ... Will I have to go to court? ... Is it possible for me to have a divorce if my spouse objects?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 can a wife claim in a divorce?

Assets that you have built up or acquired during the period of marriage are known as matrimonial assets or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank.

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

What do you talk about at a lawyer consultation?

During the consultation, the attorney will listen to the facts of your case and give you advice on the best way to approach each issue. Be candid and truthful with the attorney and tell him or her all pertinent facts related to your case, both good and bad.

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...•

How do I prepare for a divorce UK?

Preparing for divorce – what do I need to consider?Understand your financial situation. Alongside the divorce, one of the important things you will need to consider is the distribution of the financial assets. ... Collate the paperwork. ... Look to the future. ... Document your valuables. ... Don't act in haste. ... Seek expert advice.

Is no fault divorce legal in UK?

On 6 April 2022, there was a significant change in divorce law for England and Wales. It's the first change for 50 years. The changes mean that instead of needing to prove the other party is at fault, there is now no requirement to assign fault when filing for divorce.

How do I ask for a divorce UK?

Part of Get a divorce: step by step1 Get support and advice Show.Step 2 Check if you can get divorced Show. ... Step 3 Make arrangements for children, money and property Show. ... Step 4 Apply for a divorce Hide. ... 5 Apply for a 'conditional order' or 'decree nisi' Show. ... Step 6 Finalise your divorce Show.More items...

How to get divorced from a friend?

If your divorced friends were satisfied with their legal representation, you could ask them for their lawyer’s contact details. Keep in mind that each case is unique. Just because your friend got a good settlement, it doesn’t guarantee your outcome will be similar.

What does "take notes" mean in a lawyer?

Takes notes if that helps you remember what the lawyer says. It’s probably a lot of information for you to digest. They might have a brochure with basic information that could be helpful.

Can a divorce lawyer give you a conclusive answer?

Remember that a lawyer won’t be able to give you conclusive answers based only on the information you provide at a first meeting. Your chosen divorce attorney will need to review financial and other papers and information to counsel you properly.

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 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 is spousal support?

Spousal support, also called alimony, is either temporary or ordered at the final judgment. Most divorce cases include both temporary spousal support and spousal support at the judgment phase. We are not going to go into a lengthy discussion about spousal support.

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.

What does it mean when an attorney struggles with answering this question?

If an attorney struggles with answering this question, he or she may be a poor communicator. Organized and disciplined attorneys have a proactive communication style that fits the particular client.

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 do attorneys work with?

Most attorneys work with support staff, including paralegals, legal assistants, and legal secretaries. Ask any potential attorney who else will be working on the case and what credentials they have. It is your right to ask for specifics as to who will handle certain parts of your case.

What does a family law attorney do?

An attorney who is skilled at family law cases will know the ins and outs of the divorce process, how to speed things along, and how to effectively work with other attorneys and court personnel should you end up in front of a judge for the division of your assets , child custody, or child support issues.

Why is it important to have an open line of communication with an attorney?

An open line of communication is key to a successful case and satisfaction with your attorney. You may need to get in touch with them on short notice, so asking about their communication preferences is important.

Is family law a general practice?

Family law is a highly specialized area of law. Avoid hiring a general practice attorney and instead, opt for one who specializes in family law, particularly divorces. If you have child you should also ask about their experience with child custody and child support.

Is divorce stressful?

The divorce process is not the time to try to navigate the family law system on your own. Divorce is stressful and overwhelming enough. You need an experienced attorney to lead you through it.

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 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.

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 ...

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.

What evidence is needed to file for a fault based divorce?

In that case, any evidence such as pictures, videos, messages, social media posts, and other supporting documents that will help prove your case are important.

What to do if a lawyer is not comfortable working your case?

Are they comfortable working your case? If they are not, you can move on to the next lawyer.

How to prepare yourself for a prenuptial agreement?

To best prepare yourself to discuss your situation, you should know information about income and bank account balances. Your attorney will want to find out of you have a prenuptial agreement. Also, do you or your spouse have premarital assets, and has anyone of you received an inheritance while you both married? The attorney will use the information you give, so they provide you with guidance. Depending on the specifics of your case, your attorney will tell you if you need a witness or witnesses.

How long do you have to bring pay stubs to divorce?

At least bring with you pay stubs worth three months.

What are alternative dispute resolutions?

Other forms of alternative dispute resolutions aside from traditional litigation are the collaborative divorce process, also known as arbitration and mediation. Experienced divorce attorneys will give you information on how long traditional litigation will take if pursued and court procedures involving the process.

What is initial consultation?

An initial consultation is for the purpose of gathering information and get legal advice about the circumstances of your situation. In the initial consultation, you are the one who will be doing most of the talking. Your potential divorce lawyer will be gathering information about the case from you and will ask you several questions so they can recommend solutions.

What are the documents that belong to you and your kids?

Passports and social security cards belonging to both you and your kids

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.

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