Before hiring a lawyer, take some time to talk in person or over the phone. This is your opportunity to assess the quality of the divorce attorney 's legal advice, as well as the attorney's experience, approach and cost. Background & Experience Questions to ask about an attorney's experience and education include:
Contact the divorce legal representatives for an assessment
Some divorce lawyers provide a free phone or in-office consultation. Other companies might provide an assessment at a low rate. Inspect each lawyer's website for additional information about first consultations.Apr 16, 2021How do I find a real estate appraiser for my divorce?
Jun 14, 2019 · Question the attorney about his or her experience, fee structure, and anything else you deem important to your situation. If the attorney says an associate will be assigned to your matter, perhaps meet the associate. 4. Post-Divorce Consultation: Make an Assessment
What do you need to know to get a divorce?
Feb 16, 2016 · Knowing what your home is worth can help you achieve a fair property settlement at mediation, and if settlement talks fail, the appraiser's report may help support your position at trial. If you have questions about using a real estate appraiser in your divorce, you should contact a local family law attorney.
Who can make statements in my divorce case?
Sep 06, 2021 · You can open an account here. Open a credit card in your name alone. Order a free credit report. Better yet, sign up for a credit monitoring service like LifeLock. You’ll get notified if your spouse attempts to open credit cards and rack up debt in your name. The peace of mind is well worth the cost.
How to hire a divorce attorney?
If you think you might file a fault-based divorce (or if your spouse has filed one already), consider consulting with an attorney—pursuing a fault-based divorce can be a lot more complicated (and more difficult to win) than a no-fault divorce.
What is an initial divorce consultation?
A productive initial divorce consultation can provide a toolbox of information allowing you to reflect on your situation before taking the next steps. Scheduling an initial divorce consultation is a big step, especially if your spouse is not pursuing divorce. However, going to an initial divorce consultation does not necessarily mean you intend ...
What are the issues in divorce?
Typical divorce issues include division of assets and liabilities, child custody, child support, and spousal support. If you decide to divorce, fighting it out in court is only one option. At the consultation, you can learn about the litigation process.
Why do you need a professional appraiser?
A professional appraiser can correctly value your home and help you avoid potential arguments about what your house is really worth. Moreover, a judge will use the real estate appraisal to assist in property division and possibly even determine a spouse’s need (or ability to pay) for spousal support. A professional appraiser can correctly value ...
Can a judge appoint an appraiser?
Hiring a Licensed Real Estate Appraiser. In some cases, a judge may appoint a certain appraiser. If not, you and your spouse may each decide to hire your own appraisers. Your attorney should be your first resource for finding a licensed real estate appraiser.
Who is Jason Crowley?
Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce.
Do you have to disclose your finances during divorce?
If you’re in the dark about your finances, that’s okay. You and your spouse will be required to complete financial affidavits (disclosures) as part of the divorce process. The goal at this point is simply to begin identifying the puzzle pieces.
Do you need a financial analyst for divorce?
Depending on the complexity of your divorce, you may need a lot of documentation to give to your lawyer or Certified Divorce Financial Analyst . The more organized you are upfront will not only save you time and stress, but it will also save you money as well.
What is an exhibit A on a grant deed?
Copy of the current Grant Deed (s) with Exhibit “A” (legal description) on each property that shows how title is held (if the title has been changed, provide copies of all deeds from the time of acquisition). The Deed of Trust or Note is not needed.
What information is needed to file a student loan?
Include all information such as balances owed, interest rate, payment schedule and the school, and what period of time you or your spouse received the loan.
What are the factors that determine alimony?
Some common factors a court considers when awarding alimony are: 1 a spouse's actual need, and the other spouse's ability to pay 2 the length of the marriage 3 each spouse's age and health (both physical and emotional) 4 each spouse's earning capacity and level of education 5 parental responsibilities for the children 6 the division of marital property between the spouses, and 7 income available to either spouse through investment of that spouse's assets.
What happens if you don't get divorced?
The main factor in residency requirement laws is the period of time you've lived within the state where you plan to get divorced.
How to avoid divorce?
To try and avoid this result, keep your separate property in an individual account and/or keep all records of transactions involving your separate assets. Divorce can be a very complex subject, so consider consulting with a local divorce lawyer before proceeding. Talk to a Lawyer.
Is there a fault based divorce?
Today, there aren't many benefits to filing for a fault-based divorce. However, if your state views fault as a factor in determining alimony or division of marital property, it's something to consider. No-fault divorce is primarily based on "irreconcilable differences" or the "irretrievable breakdown of the marriage.".
What are the grounds for divorce?
Grounds for Divorce. Divorce "grounds" are the legal reasons on which you're basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault. Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce.
Is custody an issue in divorce?
Custody is frequently a hotbed issue in a divorce. But it's important to note that custody isn't the all-or-nothing proposition many people think it is. In deciding custody and parenting time issues, the law requires judges to think in terms of "the best interests of the child.".
What is sole legal custody?
"Sole legal custody" means only one parent is the decision-maker, but that's much more the exception than the rule today.
What are the issues in divorce?
Some issues to consider when approaching divorce proceedings on your own are: 1 the division of property, 2 spousal rights and child/visitation rights, 3 pensions, and 4 marital homes.
What happens when children are separated?
When children are at the center of the separation, divorce can become even more complicated. There are matters of children, assets, and the division of property to contend with. During this whirlwind of events, the stress can sometimes become too overwhelming.
How is equalization payment calculated?
An equalization payment is calculated via each party’s economic standing. For instance, a snapshot is taken of the value of the assets that each party owns (on the date of the marriage and again on the date of the separation).
Is cost a factor in divorce?
When considering all aspects to a divorce, cost is a major factor. Beware of some of the self-help guides on divorce. They may be the most cost-effective solutions, but they may not necessarily serve your best interests. It is best to refer to multiple sources.
What to do if you are divorced without an attorney?
Although counties and states differ, many County Clerks’ offices offer services regarding basic information required when filing a divorce without the use of an attorney.#N#Although your County Clerk cannot offer legal advice (only a licensed professional such as a paralegal or attorney can provide legal advice), your County Clerk can refer you to correct information regarding your divorce at the law library (if a library is available in your area).#N#If you need to find further information regarding the location of your local court, the hours of operation, and if there are any filing fees, your local clerk can also assist you.
Can a county clerk give legal advice?
Although your County Clerk cannot offer legal advice (only a licensed professional such as a paralegal or attorney can provide legal advice), your County Clerk can refer you to correct information regarding your divorce at the law library (if a library is available in your area).
What is the legal process of divorce?
Legal Proceedings of a Divorce: The Division of Property. Regarding the division of property, courts will generally determine the division of property depending on the financial contributions made during the marriage, and concern for the future welfare of the children.
What is fault based divorce?
Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.
How much does a divorce cost?
Contested divorces cost anywhere from $15,000 to $30,000, though there are plenty of ways to limit the staunch the outward flow of cash before and during the process.
Do divorce lawyers charge by the hour?
Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.
What does it mean to be uncontested in divorce?
An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.
How to start a divorce?
One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.
Is divorce law firm bigger than solo practice?
In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.
What is mediation in divorce?
Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.
Background & Experience
- Questions to ask about an attorney's experience and education include: 1. How much experience do you have handling divorces? 2. Where did you go to college and law school? 3. When did you graduate? 4. Have you previously handled cases similar to mine? 5. Do you handle child custody cases (if applicable)? 6. Do you have experience using mediation or arbitration in divorce case…
Case Assessment
- Questions to ask about the lawyer's assessment of your case include: 1. How would you evaluate my case? 2. Realistically, what kind of settlement can I expect? 3. What potential problems or obstacles do you see that could cause delays or affect the outcome of my case? 4. Do you think we will have to go to trial? 5. How long will it take to complete my divorce? 6. Would you recom…
Case Management & Fees
- Additionally questions to ask about how your case will be managed and how much it will cost include: 1. Do you have the time to handle my case? 2. What other lawyers or experts will be working on my case and what work will they be doing? 3. How much do you charge, how frequently will you bill me and when will payment be due? 4. What other kinds of fees, costs and …
Legal Philosophy & Style of Offering Divorce Legal Advice
- Questions to ask about an attorney's style of lawyering include: 1. What is your overall philosophy or style when handling divorce work? 2. Are you more likely to tell me what to do, or offer options and expect me to make a decision? 3. How would you describe your personality as a lawyer?
Wrapping Up
- Before leaving the initial consultation, take the time to ask the lawyer if there are any questions you've neglected to ask, or anything else the attorney wants to tell you. Is there anything else you should know before deciding whether to hire him or her? Ultimately the decision to hire a divorce attorney is a personal one. You want to trust your divorce attorney, feel comfortable taking your …
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