what to bring to your lawyer when seeking a divorce

1. Bring a List of Questions You Have. As mentioned, this is the perfect time to ask the divorce lawyer about any questions you may want answers to.
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 little tough to round up three months worth of pay stubs. ...
4. Bring Prenuptial Agreements and Other Documents Related to Your Marriage. ...
5. Any “Incriminating” Evidence. In the event you are seeking a “fault divorce,” you’ll want to bring any evidence which is considered incriminating.

What are the best questions to ask a divorce lawyer?

• We match 50,000 consumers with lawyers every month.
• Our service is 100% free of charge.
• Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What to look for in a good divorce lawyer?

You need someone who can take the following actions on your behalf:

• Review the circumstances surrounding your divorce and how state laws are likely to apply;
• File the appropriate legal documents with the court and respond to any pleadings you receive from your spouse;
• Appear by your side at divorce-related hearings, making effective legal arguments on your behalf;

More items...

What are the best questions to ask a lawyer?

Don’t hesitate to ask your attorney questions such as:

• What is the timeline of this process?
• What sort of paperwork must I have prepared for closing?
• What do I need to arrange with my bank/ mortgage lender?
• What available funds must I have in my bank account?

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.

What to prepare before asking for 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 a wife ask for in a divorce settlement?

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 be used against you in a divorce?

Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.

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 is the purpose of texting your spouse?

It gives the attorney a sense of how you and your spouse or co-parent communicate, and it gives your attorney an opportunity to coach you through good and bad responses.

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 ."

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 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.

What information is needed for a divorce?

Financial information about your bank accounts, assets, debt, and income; Any nuptial agreements; and. Any other evidence or information related to your divorce. This information will help the lawyer evaluate and understand your divorce claim, so that the process goes more smoothly.

Why is it important to hire a lawyer for divorce?

Selecting and hiring a lawyer is an important decision. For many people, divorces are too complicated and emotionally charged to handle on their own. A local divorce lawyer can help you understand your legal rights, file the appropriate paperwork, and facilitate a workable separation.

What are the issues in divorce?

Every divorce is different and may involve multiple issues. These can include dividing up property and debt, child custody matters, and spousal support. In order to understand your particular case, the lawyer will need accurate and detailed information from you.

What do you need to divide in a divorce?

When you divorce, you will need to divide up your marital property and debts between you and the other party. Depending on your situation, this can be a complicated process. The lawyer will need to understand what assets and debts are involved in the proceedings.

What are the rights of a divorced spouse?

These may include your right to marital property, child custody, and financial support. For instance, an abusive spouse may have difficulty obtaining sole or primary custody of a child.

What to do if you don't want spousal support?

If you do not plan on seeking spousal support, then let them know. They can advise you as to whether that is a wise decision, as you need to request alimony by a certain point in the divorce. If you do not, then you most likely waive your right to request it unless something serious and unexpected occurs.

Do you have to prove a no fault divorce?

In a no-fault divorce, you do not have to prove that your spouse caused the conflict or separation. Instead, you simply acknowledge that you can no longer get along in the marriage. In a fault-based divorce, you must show that your spouse caused the marriage to end somehow.

What to learn during an attorney interview?

During the interview process, you can learn about the attorney’s experience, their fees, and get a feel for whether or not you think the two of you could have a good working relationship. Once you’ve made your decision, your attorney will need information from you in order to get the ball rolling and the divorce process started.

What is the basic information required for a job?

Personal Information. 1. Your basic information: full name, date of birth, and social security number. 2. Contact information such as an address, landline/cell phone number, and email address. 3. Proof of state residency. 4. Information about your employer: name, address, and phone number .

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.

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 should an attorney explain to you?

The attorney should explain to you the importance of the attorney - client relationship and the privilege in communications. The attorney should explain to you how and why you should not disclose attorney - client communications to any third parties or your spouse. This is a complex topic.

How often do attorneys communicate?

The more complex the case, the more the communication will likely take place. A typical case has communication between one to four times per month.

1 – Bring A List of Questions You Have

See more on whitleylawfirmpc.com

2 – Consider Bringing Pay Stubs

3 – If You Have Tax Returns, Bring These

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

5 – Any “Incriminating” Evidence

Scheduling Your Divorce Consultation