what to expcet at first visit with a divorce lawyer

by Prof. Garland Reynolds 3 min read

Typically, a client comes in with general questions about an impending or recently-filed divorce. Most lawyers will review the various divorce processes available (collaborative law, divorce mediation, or litigation) and describe the steps for each. From there, you and your lawyer can decide what steps to take next.

What to bring to a first meeting with a divorce lawyer?

Aug 06, 2019 · You should expect to pay a retainer that could be partially refunded if it is not exhausted. During an initial meeting with a divorce lawyer, it’s not unusual for clients to bring a long list of questions. A good lawyer should address your specific questions, as well as those you may have not considered.

What should I do when I visit my lawyer for the first?

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.

What questions should I ask my divorce lawyer?

To start this process, one should envision what he/she wants life to look like post-divorce, and figure out what is needed to make that happen ( i.e., property division, support, etc.). In addition, make a list of questions about any practical or legal aspects of divorce that are unclear.

When should you meet with your divorce attorney?

Aug 21, 2017 · You should not put a lot of pressure on yourself when you visit with your lawyer for the first time, but some documents can be helpful to your new attorney in assessing the issues in your case. Remember the military adage, “Proper Planning and Preparation Prevents Piss Poor Performance.”. While the documents can seem personal, you should feel comfortable enough …

What should you expect when meeting the lawyer for the first time?

To prepare for this first meeting, you should do your homework and collect all the relevant documents you think you many need to present your case such as medical records, witness statements, police reports or receipts. Next, you should write down a summary of any memory you had from the incident.Sep 4, 2019

What is the first thing to do in a divorce?

Top 10 Things to Do Before You File For a Divorce
  • Never 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.
•
Jan 4, 2022

What should a wife ask for in a divorce settlement?

5 Things To Make Sure Are Included In Your Divorce Settlement
  • A 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.
Sep 14, 2017

What happens after 60 days of filing for divorce?

A court cannot grant a divorce until 60 days after the suit for divorce was filed and until 20 days after the respondent was properly served. This means a court may grant a divorce on day 61 after a divorce is filed but in reality that rarely happens.

How can a woman protect herself in a divorce?

Whenever possible, make a good faith attempt to work things out, and always weigh the consequences of your actions.
  1. If you have children, consider staying in the family home. ...
  2. Don't allow your spouse to take the children and leave. ...
  3. Get an attorney. ...
  4. Safeguard personal papers and make copies of important records.

Is spouse entitled to 401K in divorce?

California is a community property state. This means that assets obtained during the marriage are divided in half upon divorce, including retirement savings and pension plans. In the case of a 401K or another type of plan, a spouse is entitled to 50% of the plan's acquired value during the course of the marriage.Feb 23, 2022

What are the four main issues in divorce?

Four Primary Issues in Divorce
  • Property Division. Almost every marital estate includes assets and debts. ...
  • Spousal Maintenance. ...
  • Custody and Parenting Time. ...
  • Child Support.
Jan 24, 2013

What is leverage in a divorce?

Leverage is what you need to incentivize the other person to settle. This might be information, money, or anything that you know will cause the other side to want to resolve the case, and more importantly in a way that you want it to settle.Aug 25, 2021

Attorneys Should Make Their Clients Feel Comfortable

Many, though not all, divorcing clients experience a varietyof emotions when their marriage ends, such as fear, anger, hurt, anxiety oreven depress...

Clients Should Make Sure Their Attorneys Are Competent

If you’re going through a divorce and working with anattorney, make sure the attorney you’ve chosen to speak with is experienced andcompetent. Befo...

What Should Happen at The First Meeting?

This will depend on what’s happening in the divorce case. In some cases, divorce papers have already been filed, while in other cases, the spousesh...

Is The Meeting Confidential?

Yes. Sometimes, spouses aren’t completely sure that theywant a divorce, but want to know what they can expect if they go forward. Allattorney-clien...

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.

How to plan your life after a divorce?

If you want to plan your life after a divorce, you should at least have a general idea of how long divorces similar to yours take. This planning will also help you prepare a budget for the cost of divorce. The attorney should truthfully tell you there is no way to predict exactly how long a divorce will take.

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 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.

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.

Do lawyers provide free consultations?

No law requires attorneys to provide free services to potential clients, so it's important that you ask about the cost before you schedule your initial meeting. If a lawyer offers a free consultation, this is your opportunity to meet with and determine whether that attorney is a good match for your case.

What is a free consultation?

If a lawyer offers a free consultation, this is your opportunity to meet with and determine whether that attorney is a good match for your case. Free consultations are not the place for in-depth legal questions, so don't go into a consultation expecting the attorney to answer case-specific questions.

What is retainer agreement?

A retainer agreement should layout cost, billing procedures, and details about who will work on your case.

Can a lawyer appear in court?

At the same time, the attorney may only appear in court on your behalf. However, in small law firms, your lawyer may be your only point of contact throughout the entire case. 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.

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.

What to expect when meeting with a divorce attorney?

If it is your first meeting with your divorce attorney, you probably fall into one of three categories. 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. 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. You are over a lot of the emotional pain and you are now ready for action. The third category is when your spouse has filed a divorce against you and you need to protect your rights. 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. Alternatively, you may have received a letter from your spouse’s attorney asking you to get an attorney and warning you that if you don’t, you will be served with a citation. In any event, it is time for you to respond.

What do you need to know before a divorce?

One is simple biographical information– your full name, address, phone numbers, place of employment, address of employment, date of birth, your driver’s license number, ...

What is the first category of divorce?

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. You do not really know whether or not you are going to get divorced. You just want to know what your options are.

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.