what to discuss with divorce lawyer at first meeting

There are also some basic questions that a family law attorney will need to ask you to begin the divorce process, including the date of your marriage, information about your children (if any), an overview of your property and debts, and whether your case involves custody, child support, or alimony issues.

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What should I bring to my first meeting with my divorce attorney?

Nov 24, 2018 · If you've decided to retain a divorce attorney, you can help save your attorney time (and save yourself some money) by gathering important legal and financial documents together before meeting with your attorney. Doing this ahead of time gives your attorney an immediate and useful overview of the property and assets likely to be at issue in your case.

When should you meet with your divorce attorney?

Jan 14, 2021 · regardless of what you bring to your divorce consultation don’t forget why you are in a divorce attorney’s office in the first place: (1) to get information about divorce in your jurisdiction– we firmly believe that knowledge is power!, (2) to get an idea about what your life could look like post-divorce, and (3) to evaluate whether the attorney …

What should I look for when hiring a divorce attorney?

At the first visit, the divorce attorney should explain to you what is likely community property in your case. I use the word "likely" because there are facts you may not know and which may surprise you during the divorce. Some spouse's do not know the details of when and how you and your spouse (or just your spouse) acquired certain assets.

Can I talk to my spouse about my divorce attorney?

Feb 07, 2021 · 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. 3. “What Should I Expect?” img source: pexels.com

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.

What to discuss with a divorce lawyer?

During your first meeting with a lawyer, you can discuss potential strategies to better manage the cost of a divorce. Of course, the cost does not all depend on you or your lawyer – your spouse and his or her lawyer will play a big role in the ultimate cost. 3.

What is the process of filing for divorce?

The process includes filing for divorce, serving or notifying the other party, gathering information, possible temporary orders to address child custody, support and managing assets during the divorce, and some form of resolution through either a settlement agreement or a court hearing.

Do lawyers need a retainer?

Your lawyer will likely give you a written contract and will require a deposit (a retainer) to take your case. Your lawyer may also require more information from you before he or she can file. Before you leave the meeting, be sure to ask the lawyer what they need from you to effectively prepare for the next steps in your case. 5.

Is divorce difficult?

Divorces are difficult even in the best of circumstances. Every divorce is very different, and the timing and difficulty of the process will depend on the issues that the parties need to resolve and the level of cooperation between the parties. However, most divorces follow a similar process.

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.

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.

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 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 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 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 is the first meeting you have with a divorce attorney?

The first category is when you are unhappy in your marriage, know very little about divorce, and want to gather some basic information so you can make educated decisions about preserving or ending your marriage.

What to do before a divorce meeting?

Before your first meeting remember the 4Ps. Preparation prevents poor performance. As a matter of fact, remind yourself of the 4Ps throughout the divorce process. Before your first meeting, you need to prepare two documents if at all possible. One is simple biographical information– your full name, address, phone numbers, place of employment, ...

How many pages should a divorce narrative be?

If you have decided to file a divorce, or your spouse has filed a divorce against you, your narrative needs to be more detailed — probably three to 10 pages . The next group of items that you will need to bring to your first meeting with you attorney is financial information.

What is a citation in divorce?

You may have been served with a citation — an official document from the court advising you that you have been sued for divorce and giving you a specific time to respond to the court or ordering you to appear in court on a specific date.

Do you know if you are going to get divorced?

You do not really know whether or not you are going to get divorced. You just want to know what your options are. The second category is when you have made the decision to end your marriage and you are meeting with your divorce attorney for the first time because you want to file a divorce.

What happens at your first meeting with a lawyer?

Once you have a contract, you'll schedule your first meeting with your lawyer. What happens at your first meeting depends on what's happening in your divorce case. In some cases, clients hire lawyers after filing for divorce (or receiving divorce papers).

What are the emotions of a divorce?

Many, though not all, divorcing clients experience various emotions when their marriage ends, such as fear, anger, hurt, anxiety, or even depression. They may have to endure constant conflict at home; they may be losing sleep or have deep concerns about how their children will handle the impending divorce news.

What is alimony homework?

At the end of the first meeting, clients generally leave with homework, which includes learning as much as possible about the couple's finances in terms of assets, liabilities, and ongoing expenses.

What are the issues in divorce?

Review relevant divorce-related issues 1 custody of any minor children 2 child support 3 alimony —whether either spouse should pay and if so, how much and for how long, and 4 division of property and debts.

Can a spouse tell if they want divorce?

Yes. Sometimes, spouses aren't completely sure that they want a divorce but want to know what they can expect if they go forward. The law protects all attorney-client communications, and a client's right to privacy is absolute, so divorce clients shouldn't have to worry about their spouses finding out.

Can a divorce lawyer have children?

On the other hand, if you have a simple divorce (no children or assets), a younger attorney may meet all your needs . You can check with the state bar association to determine how long the attorney has practiced law in your state.

Do attorneys have compassion?

compassion—attorneys are not therapists, but they should be sensitive to their client's emotional state. clear and careful explanations of things—instead of rattling off complex legal theories, statues, and caselaw, attorneys should explain the process to the client.

Interviewing Divorce Attorneys

How Should I Prepare For The First Meeting?

• Your first meeting or consultation will probably take place at the attorney’s office. Most divorce attorneys will tell you what to bring to your meeting. If not, bring any documents you feel are important to your case. Try to stay calm and not worry too much about this first meeting; think of it as an interview – a way for you to decide if this is ...

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