what to bring go a divorce lawyer consultation

by Angie Kemmer 6 min read

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.
•
Feb 5, 2017

What should I bring to a divorce consultation?

1 What to Bring to Your Consultation With a Divorce Lawyer. 1.1 A Factual Outline of Your Marriage and Reason for Divorce; 1.2 Documents Related to Income; 1.3 Documents Related to Real Estate; 1.4 Documents Related to Joint Financial Accounts; 1.5 Documents Related to Automobiles Owned; 1.6 Important Legal Documents; 1.7 A List of Questions and Goals

What should I ask my divorce lawyer before my consultation?

 ¡ You can certainly bring someone along with you for support, but it would be best for them to wait in the lobby while you and your lawyer discuss the details of your case. Checklist: What to Bring to Your Divorce Lawyer Consultation Certain information/documents will be useful to have when discussing your case.

What documents should I bring to my Family Law appointment?

 ¡ Some of the items you should consider bringing to your initial meeting are: Information pertinent to the reason you are seeking a divorce for example, if your spouse is running up debt, bring account information; if your spouse is being abusive, bring hospital bills, photos or police reports

What kind of financial statements do I need to prepare for divorce?

 · Previous years’ tax returns (with attachments). There is a lot of information in a tax return that can be helpful to your attorney. If you can, bring one or two years to your initial consultation. The attachments (W2s, 1099s, etc) can also be very helpful, so don’t omit copying those. Last 3 Paystubs (yours and your spouse’s).

image

What do you wear to a consultation with a lawyer?

Day of consultation The standard attire for meeting with you lawyer should be business casual. Wear dress pants, a nice shirt or top. Women should wear a conservative dress or skirt. Nothing too revealing.

How do I prepare my initial consultation with a divorce attorney in Texas?

This first meeting is crucial to the process of divorce in Texas.Relax. ... Be Prepared to Ask Questions. ... Gather Important Financial Documents. ... Be Ready to Discuss Personal Details about Your Life. ... Make a List of Your Goals In Divorce.

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 is a wife entitled to 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.

How a woman should prepare for divorce?

9 Critical Steps Women Should Take To Prepare For DivorceGather your financial records. ... Open a Post Office Box. ... Start putting money away for legal and other professional fees. ... Open a new checking and savings account. ... Open new credit cards in your name only. ... Get a copy of your credit report.

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.

How do I bring up my separation?

Tell your spouse that you'd like to talk. You can talk at home if that feels comfortable and safe for you or you can choose a neutral place like a coffee shop. If you are worried about the reaction, ask your spouse to join you in a meeting with a therapist where you can talk about your decision.

How do you start the discussion of a divorce?

How to Bring Up DivorceBe Honest. When mentioning divorce, the best course of action is to be honest. ... But Don't Discuss Too Many Details. ... Be Prepared. ... Be Aware of When You Tell Them. ... Be Gentle But Also Be Firm. ... What If They Refuse to Cooperate? ... Know When to Get Help. ... Seek Professional Help When Discussing Arrangements.More items...•

A Factual Outline of Your Marriage and Reason for Divorce

While you might feel like you know all the details about the dissolution of your marriage, it’s easy to forget essential elements. One of the best ways to prepare for an initial consultation with a divorce attorney is to create a written document.

Documents Related to Income

Information related to income plays an important role when determining alimony, child support, and property dissolution.

Documents Related to Real Estate

Real estate, such as a home, is typically the most significant asset involved in a divorce. If you purchased any property during the marriage, it would likely need to be equitably divided. Property purchased before the marriage might end up shared as well, depending on the ruling.

Documents Related to Joint Financial Accounts

During the divorce process, you and your spouse will both need to disclose your assets completely. You’ll need to bring all bank statements, whether they’re in your name only or shared jointly by you and your spouse.

Documents Related to Automobiles Owned

Aside from real estate, automobiles are typically another major asset that will need documentation. Bring titles and registration for all vehicles owned by either you individually, your spouse individually, or the two of you jointly.

Important Legal Documents

Your divorce attorney will want copies of standard legal documents. Bring your:

A List of Questions and Goals

Your attorney is the one person in the entire process who is 100% committed to looking out for your best interests. However, they can’t do that effectively unless you communicate your goals. Before the meeting, prepare questions to ask a divorce lawyer, as it’s easy to forget your concerns once you’re in the office.

What documents are needed for divorce?

You may have records or other legal documents that can impact your case in a divorce, so it’s crucial to share this information during a divorce consultation. Things like: 1 Your marriage license 2 Prenuptial agreements 3 Children’s birth certificates 4 Wills and living wills 5 Power of attorney forms 6 Any other legal records that relate to your or your spouse, such as police reports or relevant contracts

How to find the right representation for divorce?

The best way to find the right representation and to build your strongest case is to have an open, honest conversation during your divorce consultation. Find lawyers in your area to meet with so you can start planning your future.

Why is it important to have a divorce attorney write down?

It’s better to have it written down to reduce the chance that you forget to say something you wanted to include. Include information on: The more facts a divorce attorney has when you first meet with them, the more accurately they can begin to set your expectations for the proceedings.

Is divorce a daunting experience?

Taking the first steps in a divorce can be a daunting experience. Each divorce, like each relationship, is different, so while parts of the process may be predictable, there are always variables that create specific needs and circumstances that can be harder to anticipate.

Can a lawyer help you with divorce?

While divorce may be common, when you go through it yourself, you still deserve dedicated, personal focus on your rights and unique situation. An experienced divorce lawyer can help you figure out the best way forward, explain the law, and represent you in court if it is ever necessary.

Do you bring bills and savings to your spouse?

If either you or your spouse are self-employed, or if you own a business together, bring bills and savings information from your businesses as well.

Can you divulge information to an attorney?

It may feel risky to divulge so much information to an attorney you haven’t decided to hire yet. But rest assured, most of the legal rules around attorney-client privilege begin with your first consultation, even if you never hire that attorney to represent you, and even if the consultation is free and you never pay them any money. This is so you can have the security to speak openly in order to make the right plans and hiring decisions.

What evidence do you need to get divorced?

This evidence might include photos, videos, notes/messages, or social media posts relating to the divorce. This evidence might be proof of things like cheating or abuse.

What to bring to a house sale with a partner?

You’ll want to grab things like your escrow papers, mortgage statements, and deeds.

Why do you need to review legal documents?

Reviewing these legal documents will allow your lawyer to better understand your situation during the divorce. They will also help your lawyer construct an estimated timeline of the divorce proceedings.

Is divorce an emotional process?

Going through a divorce is an emotional process, but don’t let yourself mistake a divorce consultation for a therapy session. Remember, this is a time to ask legal questions and get answers you cannot find from other people.

Does attorney-client privilege extend to third parties?

However, this attorney-client privilege does not extend to third parties, including anyone you may bring with you to a consultation. A third party who is privy to confidential attorney-client communication may be asked under oath (in a deposition, for example) what the client and attorney discussed and will have to answer.

Can an attorney give advice to an unrepresented spouse?

The attorney who drafted the agreement for his or her client cannot give the other , unrepresented spouse any legal advice or answer any of their questions about the documents offered other than to recommend if they have such questions they should get their own attorney.

What is an intake form for family law?

Most family law lawyers have an intake form that gives them a snapshot of the issues and your goals, and gives them important details about you and your family. At McCabe Russell, we don’t require you to fill it out our intake form advance, but if you can, it helps us move forward. Agreements.

What to do if you have been keeping a calendar of events?

Calendars/Journals. If you’ve been keeping a calendar of events or journaling, you should consider bringing those to help jog your memory about timeline and events. Inflammatory Documents. Don’t hold back from your attorney.

What information does a credit card statement contain?

Other debt information (car loans, credit card debt, etc). As with the other documents, credit card statements contain a ton of information that can be useful to your attorney – the debt information, of course, but your history of spending (and your spouse’s) can also assist your attorney as you move forward. Text Message History.

Who is Heather from the law firm?

Heather is the firm’s managing partner and divorce law guru. Heather knows all the ins and outs of divorce in Maryland and DC, and she knows exactly what to do to put her clients in a position to accomplish their goals.

Do you need a mortgage statement and a copy of deed?

Mortgage Statement and/or Copy of Deed. It’s not uncommon for clients not to know what is owing on their own mortgage or even whether they are on the mortgage. Bringing a mortgage statement and a copy of the deed can help your lawyer determine the answers to these important questions.

What are the options for divorce?

The options could include traditional litigation as well as out-of-court options. The out-of-court options can include divorce mediation and collaborative divorce. These options can be less expensive than traditional litigation. However, they require you and your spouse to participate voluntarily and in good faith.

What is divorce consultation?

The divorce consultation can provide you with some general information on the legal issues pertaining to your minor children and children who have not yet been emancipated. The issues may include, but may not be limited to, legal custody, physical custody, child support, college expenses, special needs, health issues, emancipation, holiday parenting schedule, and vacation schedule.

What is a spouse's information?

Information pertaining to all assets owned by you and your spouse. This would include, but not be limited to, the marital home, other real estate, businesses, retirement accounts, vehicles, bank and investment accounts, and their approximate values.

Can you get alimony at a divorce?

If it applies to your situation, the divorce consultation can provide you with some general information regarding the legal issues pertaining to alimony . The marital situation might suggest that you are entitled to a claim of alimony or that you may need to pay alimony . Information may include specific alimony factors to be considered or an explanation of how alimony is calculated in your jurisdiction.

Can a law firm ask for financial information?

The law firm may request that you bring specific financial information to the consultation. However, if you do not have access to the financial information, the lack of access should be brought to the law firm’s attention and discussed at the consultation.

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.

image

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 …
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

A Factual Outline of Your Marriage and Reason For Divorce

  • The first thing you should make sure you have when you consult with a divorce lawyer is an outline of the facts you want to share with them. You may feel like you know the story of your marriage well enough, but it can be easy for important information or details you wanted to share to slip your mind when you have so much to consider and work through during a consultation. It’…
See more on lawinfo.com

Financial Documents

  • Your divorce attorney will also need to understand your financial information to begin planning for your divorce process. Everything from splitting assets to alimony paymentsto child custody arrangements can be impacted by the details of your financials, and your spouse’s, so you’ll need to share that information with your attorney as soon as possible. Financial documents to bring t…
See more on lawinfo.com

Copies of Important Legal Documents

  • You may have records or other legal documents that can impact your case in a divorce, so it’s crucial to share this information during a divorce consultation. Things like: 1. Your marriage license 2. Prenuptial agreements 3. Children’s birth certificates 4. Wills and living wills 5. Power of attorney forms 6. Any other legal records that relate to ...
See more on lawinfo.com

A List of Questions and Goals

  • You don’t want to risk forgetting to ask an important question, whether it’s about your options in your divorce or about the attorney you’re considering hiring to represent you. Don’t feel like any question you have is too small or seems too silly⁠— it’s important to find the right divorce attorney for you and for you to feel comfortable and aware of the process. If you want to know somethin…
See more on lawinfo.com

Confidentiality During A Divorce Consultation

  • It may feel risky to divulge so much information to an attorney you haven’t decided to hire yet. But rest assured, most of the legal rules around attorney-client privilege begin with your first consultation, even if you never hire that attorney to represent you, and even if the consultation is free and you never pay them any money. This is so you can have the security to speak openly in …
See more on lawinfo.com