what to discuss with my diborce lawyer

by Miss Therese Wehner 4 min read

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...
  • Asset Division. If a couple has no children, then their main issue will likely be asset division. Items accumulated...
  • Alimony. Those who divorce may or may not be eligible for spousal support, or alimony.

Full Answer

What are some secrets your divorce lawyer might not want you to know?

One of the secrets that your divorce lawyer might not want you to know is that divorce proceedings are not used punitively. Sometimes, parties want to stick it to their soon to be ex-spouse as recompense for something they did.

How do I collaborate with a lawyer?

The collaboration process should include an easy way for you to communicate with the attorney or the designated person at that law office regarding your bill. If you receive vague answers, this may be a red flag. The attorney should provide you with specific information in response to this question. 1. Do you have time to handle my case?

What should I look for in a family law firm?

The family law firm you intend to hire should have a system in place to keep their clients' files secure. Most family law cases, especially divorce cases that involve financial issues, will include documents with the client's Social Security number, bank account numbers and other private information.

What should you focus on when meeting with your divorce lawyer?

Though it may mean some forethought and legwork for clients at the outset, their investment will pay off, resulting in less billable hours and a comprehensive agreement that protects them now and in the future. As you prepare to meet with your divorce lawyer, here are five areas on which to focus. 1. Property.

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 do you talk about in a divorce?

Main Issues to Discuss with Your Divorce AttorneyIssues Relating to Children. ____ Child support. ... Property Issues. ____ Equity in homestead. ... Spousal Support Issues. ____ Entitlement to support. ... Other Issues. ____ Domestic violence. ... Documents to Have Ready.

How do I prepare for a divorce case?

Divorce ChecklistConsider Whether You Can Resolve Your Divorce Without Court. ... Consider Whether You Need to Hire a Lawyer. ... If You Have Minor Children, Prepare for the New Parenting Arrangement. ... Collect Marriage Documents. ... Compile Important Financial Documents. ... Gather Other Essential Documents. ... Take Steps to Separate Your Life.More items...

What is a non working spouse entitled to in a divorce?

What is a non-working spouse entitled to in a divorce? A non-working spouse is entitled to receive alimony payments from their ex-spouse and can acquire up to 50 percent of property. However, this depends largely on whether they are voluntarily or involuntarily unemployed.

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 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.

How do I protect myself financially in a divorce?

How to Financially Protect Yourself in a DivorceLegally establish the separation/divorce.Get a copy of your credit report and monitor activity.Separate debt to financially protect your assets.Move half of joint bank balances to a separate account.Comb through your assets.Conduct a cash flow analysis.More items...•

How do you survive financially in a divorce?

Surviving Financially After DivorceExpect your income to drop after the divorce is final. ... Consider whether you can afford to keep the house. ... Know what you have. ... Consider the after-tax values of your assets. ... Understand your financial needs. ... Don't overlook the value of a future pension. ... Hire a good team.

How do you divorce a narcissist?

Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

How long does a divorce take?

On average, it takes 12 months to complete a divorce, from filing the divorce petition to finalizing the judgment. If the case goes to trial, the average time is about 18 months. The average cost of divorce in 2019 was $12,900, which includes $11,300 in attorney's fees and about $1,600 in other expenses.

When divorce is the best option?

Other signs that divorce might be the best choice for you: Your spouse has shown a repeated pattern of abuse. Your spouse has alcohol or substance abuse issues and will not get help. Your spouse has repeatedly been unfaithful and shows no real interest in changing.

What is the most contested issue in divorce?

Child Custody. Child custody is arguably the most highly contested issue you will face during your divorce. Depending on your state, either legal or physical custody may be awarded based on the best interests, i.e. physical and emotional welfare, of the child. Legal custody is the ability to make critical decisions about a child's health, welfare, ...

What are the factors that determine the length of a marriage?

Courts may consider the length of the marriage, the couple's age, the couple's physical and emotional health, their standard of living while married, each spouse's education level, their employability and earning capacity, and the allocation of child-rearing responsibilities when making awards.

What is legal custody?

Legal custody is the ability to make critical decisions about a child's health, welfare, and education. Legal custody can be joint, meaning both parents are equally involved in making important decisions or sole, where only one parent makes such decisions. Physical custody refers to where the children reside.

What documents do I need for divorce?

You should bring various documents to your initial consultation. These include proof of income for you and your spouse (bank account statements, pay stubs, etc.), any prenuptial agreements, statements for retirement accounts or pensions, wills, trusts, utility bills, mortgage information, credit card statements, and loan documents.

Is divorce painful?

Divorces are complicated. Very few are painless. If you are looking to end your marriage, it is best to be prepared. It is important to have an advocate on your side who will fight for your rights and help you get the outcome you desire.

Why is it important to ask an attorney about a complaint?

One of the biggest complaints lawyers get is that their clients feel that they often don’t know what is happening with their case. That is why it is important that you find an attorney you will feel comfortable communicating with. Here are some of the most important questions to ask your attorney when you meet for the first time: 1.

What happens when you are amicable in a divorce?

When parties are ethical and open about their financial worth during an amicable divorce, each party will know what debts and assets that the other party has. During a contested divorce, some parties may try to hide their assets. Financial professionals may be needed to track down hidden assets.

What to do if you have a negative feeling about your spouse?

Even if you have negative feelings about your spouse, it is better to try to deal with those issues on your own instead of fighting them out. Your attorney will work to help you get a fair settlement and protect your interests while you work on moving forward with your life after your divorce.

What is the discovery and disclosure phase?

You will have to go through a discovery and disclosure phase, where you have to find and turn in all your personal financial documents, such as tax returns and bank statements. You may also have to answer questions related to your personal life. Hopefully, you can work out an agreement and avoid court intervention.

Can an attorney see you when you are not at your best?

Your attorney may end up seeing you when you’re not at your best, which is alright if you have a good attorney-client relationship. Experienced family law attorneys understand how difficult divorce is and will help you see past your immediate problems so you can envision yourself moving on and starting over again.

Can you have a trial after a judge orders a reconsideration?

Hopefully, you can work out an agreement and avoid court intervention. If not, you may have to have a trial to protect your interests. After the judge enters their final orders, it may be appropriate to file some motions to reconsider or an appeal in your case but that will be discussed with your attorney at that time.

Should an attorney be working to resolve a case?

While the attorney should be working to resolve the issues as amicably as possible, sometimes court intervention is needed. Both you and the attorney should always keep in mind that the case could end up in trial. While attempting to reach a resolution, work towards being able to protect your interests in court. 5.

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.

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.

How to prepare for divorce?

2. Prepare your Income and Expense Declaration. The Income and Expense Declaration is the other document included in the Declaration of Disclosure. The IED includes the party’s income, expenses, and must include recent pay stubs of the person filling out the form. 3. Prepare a list of questions you want to ask the divorce lawyer.

How to contact divorce attorney in Irvine?

If you have an initial consultation with our divorce law office in Irvine, feel free to call us in advance at (949) 955-9155 and we will email the form to you. 8. Information about the other party.

Why do you need an extra copy of a divorce decree?

Documents and evidence that might be important. Often times dissolution of marriage cases are filed because one or both spouses were not acting properly toward the other party or the children of the marriage.

What is the most important document in a divorce in California?

The Schedule of Assets and Debts is one of the most important documents in any California divorce case. Every party in every divorce case in California has to complete this form before their dissolution of marriage will be granted by the court.

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.

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 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.

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.

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.