what to take first time talking to divorce lawyer

by Mrs. Hulda Osinski 5 min read

10 things to bring to your initial consultation with a divorce lawyer

  1. Prepare your Schedule of Assets and Debts The Schedule of Assets and Debts is one of the most important documents in...
  2. Prepare your Income and Expense Declaration The Income and Expense Declaration is the other document included in the...
  3. Prepare a list of questions you want to ask the...

10 things to bring to your initial consultation with a divorce lawyer
  1. Prepare your Schedule of Assets and Debts. ...
  2. Prepare your Income and Expense Declaration. ...
  3. Prepare a list of questions you want to ask the divorce lawyer. ...
  4. Tax Returns. ...
  5. Self-employment documents. ...
  6. List out the relevant facts about your case.
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Feb 5, 2017

Full Answer

What should I bring to my first meeting with my 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 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?

Jan 14, 2021 · Take the time to prepare a quick financial snapshot before you go for your divorce consultation. This doesn’t have to be thorough— chicken scratch on the back of a cocktail napkin is fine. You should make one list all of your financial accounts (including, but not limited to checkings, savings, money market, investment accounts, and retirement accounts) both jointly …

When should you meet with your divorce attorney?

Feb 05, 2017 ¡ 10 things to bring to your initial consultation with a divorce lawyer 1. Prepare your Schedule of Assets and Debts The Schedule of Assets and Debts is one of the most important documents in... 2. Prepare your Income and Expense Declaration The Income and Expense Declaration is the other document ...

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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.

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 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.

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.

How to get money from a prenup consultation?

If you want to get your money’s worth from a consultation, make sure you bring all of the documents associated with your prenup. The same goes if you and your spouse have started working out a separation agreement (or other agreement related to your pending split) in writing.

What should be on a second credit list?

On a second list you should put all of your credit accounts (including, but not limited to credit cards, student debt, personal loans, mortgage, car loan, etc.). That list should include the name of the debtor (s), the current balance on the debt, and the monthly payment.

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.

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.

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.

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.

What questions should I ask my divorce lawyer?

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. An experienced divorce lawyer will know how ...

What to expect during a divorce consultation?

The subjects discussed during your consultation will depend on how far along you are in your divorce. Some clients are eager to file for divorce immediately, while others are still unsure if a divorce is right for them and just want some information about their legal rights.

Can an attorney meet with you privately?

An attorney will meet with you privately or may ask your permission to have an assistant sit in on the meeting. Anything you tell your attorney or the assistant will be kept private due to the "attorney-client privilege," and as a result, you don't have to worry about your spouse finding out what you discussed.

Should I leave a divorce consultation?

Ultimately, a good attorney will simpli fy your divorce, not complicate it.

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.

What is the biographical information of a person?

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, your social security number, the same information on your spouse, your date of marriage, and your children’s full names, sex, and dates of birth.

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 is retainer agreement?

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

How to deal with divorce emotionally?

If you have the financial means, it can help to speak with a therapist or other mental health professional. At the very least, speak with friends who have been through divorce. Let your family and friends know that you’ll be leaning on them for advice and moral support. Being emotionally stable will better prepare you to make smart decisions as your divorce progresses.

What does a divorce decree mean?

In most jurisdictions, the judge automatically issues an order at the beginning of your divorce case that prohibits you or your spouse from selling, buying, or otherwise encumbering or disposing of any marital property. Courts do this to prevent either spouse from draining the bank accounts, or dissipating the marital estate out of spite.

What should be included in a marital estate?

Include real property, cars, retirement accounts, bank accounts and other assets, as well as any mortgages, notes, credit cards, and other debts. This can give you an idea of what you and your spouse will split, and you can start working on your desired division of the marital estate.

Should I close my credit cards before filing for divorce?

Depending on how you and your spouse handle your joint financial accounts and credit cards, your attorney may advise you to close the accounts or leave them the same. You don’t want to be in a situation where your spouse has the ability to run up bills in your name or drain the bank accounts – both circumstances may take the entire divorce to sort out. Your attorney can best advise you about whether you should divide the accounts in half, close them, or leave them the same before filing for divorce.

Can I have a relationship with my spouse before divorce?

Additionally, a judge may consider money you spend on a paramour dissipation of the marital estate, and could require you to reimburse your spouse for those expenditures. In any case , it typically doesn’t help your case to have started another relationship before your divorce has been filed. In some states you can begin a relationship after filing for divorce; speak with your attorney about how the court will view dating before your divorce is complete. See Divorce and Dating for more information.

Can I get a divorce without a balance sheet?

You can’t decide your financial goals for your divorce without having an accurate picture of your assets and debts. While it’s not usually necessary to hire an accountant prior to filing for divorce, it’s a good idea to put together a simple balance sheet showing all of your assets and debts.

Can I get divorced if only one spouse wants to end the marriage?

Once you’ve served your spouse with divorce papers, it can be difficult to go back on that decision, even if you’ve changed your mind. The court can grant a divorce even if only one spouse wants to end the marriage. If you’d still like to give marital counseling a try, do so before you file for divorce.

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