10 things to bring to your initial consultation with a divorce lawyer
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, âProper Planning and Preparation Prevents Piss Poor Performance.â. While the documents can seem personal, you should feel comfortable enough âŚ
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.
Jan 14, 2021 ¡ Take the time to prepare a quick financial snapshot before you go for your divorce consultation. This doesnât have to be thoroughâ 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 âŚ
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 ...
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.
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.
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.
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.
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.
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.
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.
For many women, the âgoalâ of hiring an attorney may simply be âget me outta this marriage!â 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.
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.
If you want to get your moneyâs 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.
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.
If youâve made up your mind and thereâs no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so youâve 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.
Most states allow individuals to represent themselves in the divorce process. And, itâs more common than you think: 80 percent of divorces involve at least one party representing themselves. Lots of people go this route â which means you can, too.
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 partyâs 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.
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.
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.
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.
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 ...
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.
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.
Ultimately, a good attorney will simpli fy your divorce, not complicate it.
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.
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 informationâ your full name, address, phone numbers, place of employment, ...
If you have decided to file a divorce, or your spouse has filed a divorce against you, your narrative needs to be more detailed â 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.
You may have been served with a citation â 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.
One is simple biographical informationâ your full name, address, phone numbers, place of employment, address of employment, date of birth, your driverâs license number, your social security number, the same information on your spouse, your date of marriage, and your childrenâs full names, sex, and dates of birth.
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.
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).
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.
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.
A retainer agreement should layout cost, billing procedures, and details about who will work on your case.
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.
Review relevant divorce-related issues 1 custody of any minor children 2 child support 3 alimony âwhether either spouse should pay and if so, how much and for how long, and 4 division of property and debts.
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.
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 youâll be leaning on them for advice and moral support. Being emotionally stable will better prepare you to make smart decisions as your divorce progresses.
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.
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.
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 donât want to be in a situation where your spouse has the ability to run up bills in your name or drain the bank accounts â 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.
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 doesnât 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.
You canât decide your financial goals for your divorce without having an accurate picture of your assets and debts. While itâs not usually necessary to hire an accountant prior to filing for divorce, itâs a good idea to put together a simple balance sheet showing all of your assets and debts.
Once youâve served your spouse with divorce papers, it can be difficult to go back on that decision, even if youâve changed your mind. The court can grant a divorce even if only one spouse wants to end the marriage. If youâd still like to give marital counseling a try, do so before you file for divorce.