questions to ask attorney when filing for divorce

21 Questions To Ask a Divorce Lawyer During Your First Visit

1. How Much Experience Do You Have In Divorce And Is It Your Specialty? Experience counts. Oftentimes, a lawyer’s or law...
2. What Is The Divorce Process Like? You’ll want to ask what you and your spouse will go through in the divorce process.
3. How Do You Think The Judge Will Rule In My Divorce Case? If you...

Full Answer

What you should know before contacting a divorce attorney?

This is an important question for two reasons. 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 evaluate a good divorce attorney?

Nov 23, 2021 · 21 Questions To Ask a Divorce Lawyer During Your First Visit 1. How Much Experience Do You Have In Divorce And Is It Your Specialty? Experience counts. Oftentimes, a lawyer’s or law... 2. What Is The Divorce Process Like? You’ll want to ask what you and your spouse will go through in the divorce ...

What qualities make a good divorce attorney?

Jan 14, 2021 · First, ask yourself: Are you sure you actually need an attorney? 1. Ask them to describe their approach to the divorce process. Each lawyer you speak to should have a slightly different... 2. Ask about communication. How will they check in with you throughout the process? As you’re interviewing ...

What are the best questions to ask a lawyer?

Feb 25, 2022 · Questions to ask your divorce attorney: During your consultation, you should ask about strategy and costs. Be sure to ask what costs are expected you need to hire experts such as forensic accountants or psychologists. Legal separation vs. divorce: An attorney can help you understand the difference between legal separation and divorce. Legal separation varies by …

What questions should I ask when getting a divorce?

What should a woman ask for in a divorce settlement?

How do I divorce my wife without losing everything?

What should you do before asking for a divorce?

Is spouse entitled to 401K in divorce?

What is the usual split in a divorce?

Can I empty my bank account before divorce?

Is my wife entitled to half my savings?

Is a wife entitled to half of everything?

What happens when you file for divorce first?

Who regrets divorce more?

How do I leave my husband when I have no money?

What to ask a divorce lawyer?

What red flags did your story raise for them? What questions is the lawyer asking you about your situation? This question is your chance to 1) make sure they’ve been hearing you and 2) get insights that could help keep your divorce process moving along without surprises.

How many lawyers should I hire for divorce?

You get to choose who helps you through it. That’s why I highly recommend interviewing at least 2-3 attorneys before selecting one. Don’t let anyone pressure you into working with them, either. This process is going to get harder before it gets easier, so it’s important that the lawyer by your side – the lawyer who is going to be learning a lot about the inner workings of your marriage, your finances, and more – is someone that you trust, respect, and actually like.

Why is it important to have an open mind when getting divorced?

Before you pull into the attorney’s parking lot, repeat this mantra: No two divorces are alike! No two divorces are alike! Having an open mind about the hard things— possible custody schedules, whether or not you need to sell the house, whether or not your family can continue to go on two weeks of vacation each summer— will help your prospective attorney come up with a strategy that meets your long term goals and makes sense for your unique circumstances.

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.

What does Christy do in a divorce?

For Christy, receiving this information allows her to give the most bang for a potential client’s buck in terms of an initial consultation. She can give a prospective client a pretty good idea of what will happen to each of those assets and liabilities in a divorce and help a potential client understand what their financial picture will look like post divorce.

How to cut down on lawyer fees?

You can cut down significantly on fees by forming a relationship with team members who bill at a lower hourly rate.

How often do attorneys talk to their clients?

Some attorneys will talk to their clients on a weekly basis or more. Other attorneys will only talk to their clients when their clients contact them. Yet other attorneys religiously follow the one phone call a month to do an overview strategy session no matter how many times the client has talked to the attorney in the past 30 days. There isn’t a right answer, but it’s good to know in advance what the scope of communication will be.

How to prepare for alimony?

Alimony is a numbers game. Sometimes the best way to prepare and present the back alimony case is to play the numbers game using experts. For example, forensic accounting experts and vocational rehabilitative experts can help support or defend an alimony claim.

What is the greatest tragedy in divorce cases?

The greatest tragedy in divorce cases is when a custody battle spirals out of control for months or even years. The attorneys have a lot of say in controlling or mitigating some of the emotional responses in these cases and keeping things under control.

What is collaborative divorce?

What is a collaborative divorce and am I eligible for one? A collaborative divorce model is one that focuses on a win-win settlement agreement. You can consider it the opposite of going to court. Does the attorney you’re meeting with think that this is a reasonable possibility in your case? Why or why not?

What is single pot divorce?

Divorce cases are ”single pot” cases, where the monies spent on the case can correspondingly lead to a decrease in money available for the parties. Cost-benefit analysis is required at every stage of the game.

What is a good deal in a case?

Even if your case does not step foot in a courtroom, it’s good to have an understanding of how the law works to get a basic idea of what is a good deal in your case. Of course, a good deal also accounts for subjective things like your particular needs or your spouse’s particular needs.

How to know if you're getting a reasonable deal?

This requires a lot of trust, so the best thing you can do is check the attorney out thoroughly at the beginning of the process, so you understand how you guys will work together.

What to do if you have minor children in divorce?

For couples with minor children, determining custody arrangements can be one of the messiest parts about divorce. If you and your spouse can’t reach an agreement on your own, a judge will have the task of deciding what’s in the best interest of your minor child (ren). Many factors are considered here, so you’ll want to ask your divorce attorney what your options are regarding custody, and what a judge will take into account. Your attorney can help you understand the most likely outcome given your unique situation, and can guide you in choosing which battles to fight and which to concede.

What is the first step in a no fault divorce?

This document requires you and your spouse to decide how you will divide property, who gets primary custody, and the amount of spousal or child support to be paid, if any is needed. An experienced divorce attorney can help you craft this document and review it to ensure it’s fair for both parties.

How long do you have to be separated to get a divorce in Virginia?

According to Virginia’s divorce laws, couples filing for a no-fault divorce must have been separated for 12 full months if they have minor children, or six full months, with no minor children and a signed settlement agreement. However, the rules and timelines are different if you are filing for an at-fault divorce on grounds such as adultery, cruelty, or desertion. Your attorney will be able to tell you how soon you can file for divorce.

What to do if you are considering divorce?

If you are considering divorce, talk to a counselor or psychologist to make an attempt at repairing your relationship. But most importantly, make sure you and your children are not in harm’s way, as divorce can create tension and lead to domestic abuse.

What to do if you are divorced?

If after following the steps above you decide divorce is your only option, make sure you are prepared for what lies ahead, which may include fighting for custody of your children and pets, protecting your property, and securing your bank accounts. Take steps to protect everything that could be liquidated by your spouse that is valuable to you. This includes personal property. Prepare by getting your finances and documents in order.

How to contact the National Domestic Violence Hotline?

Contact the National Domestic Violence Hotline: The National Hotline can help you find a path to safety. The number for the hotline is 1-800-799-7233.5. File a restraining order: You may want to consider a restraining order or asking a judge to order the abusive spouse to move out.

What to do if your marriage is non abusive?

If the current state of your marriage is non-abusive but making you unhappy, you should seek professional help to determine whether you are going through a rough patch or whether ending your marriage is the only way to move forward.

What to do if you are trying to work out your marital problems?

If after trying to work out your marital problems there is no solution but divorce, you must prepare yourself for the next steps and be as informed as possible. Surround yourself with a network of support and seek legal advice before any major decision.

Why is it important to understand how your property is characterized if you chose to proceed with divorce?

It is important to understand how your property is characterized if you chose to proceed with divorce because it will help you determine if you need to file a lis pendens (see below for more detail). The American Bar Association family law quarterly publishes an outline the law regarding property division by state. 9.

Is divorce easy?

Divorces are never easy and can get messy. You should make every effort to avoid this unfortunate event, which occurs for 40 to 50 percent of U.S. marriages. 1 But if you’re in an unhealthy relationship, it may be time for a change. Whatever reasons you have for filing for divorce, it is a decision that should be made independent of emotion.

5. 8 Key Questions to Ask your Divorce Attorney

1. How many divorce cases of this type as this divorce attorney filed on behalf of clients? · 2. Has your attorney ever been divorced? · 3. What will be my (14) …

6. The Most Important Questions to Ask a Divorce Attorney

Questions To Ask Your Divorce Attorney · How do you work with clients and what is your overall style or method to handling divorce? · Will you be handling my case (17) …

7. 5 Critical Questions to Ask During Your Initial Consultation

Every family law or divorce case starts with an initial consultation with an attorney. Here are 5 critical things to keep in mind. (21) …

How long do you have to wait to hire a lawyer?

Now, you might need to hire a lawyer immediately if your spouse has already filed for a divorce, however, if you are the one thinking about filing it, you could wait for several days, weeks, or months before making a decision. If you want to hire a specific attorney, they’ll ...

What to discuss during a first consultation?

Hence, during your first consultation, you should discuss some methods that will help you properly manage the financial aspect of your case. Keep in mind, the expenses, in the end, won’t only depend on you or your legal representative, it will also depend on your spouse too.

Is divorce expensive?

You probably already know that the entire process of getting a divorce is expensive, which is why most people worry about their finances. The expenses you’ll have will depend on a wide range of things including how complex your case is, whether there is custody of the kids involved, as well as how well you can work with your spouse during the divorce.

Is divorce stressful?

The entire process of getting a divorce is stressful, complex, and extremely difficult for all parties involved. However, by talking to your lawyer and asking them the aforementioned questions, they’ll be able to explain what you’ll have to expect during the process, as well as how it will look like.

Is it stressful to get divorced?

Getting a divorce is always extremely stressful for everyone involved, and the situation gets even more serious and daunting when there are children involved. So, if you are feeling uncertainty and denial as you prepare to meet with your divorce lawyer for the very first time, know that it is not unusual and that it happens to everyone.

What is the most contentious aspect of divorce?

Dividing up property a couple has acquired throughout their marriage (also known as marital property) can be one of the most contentious aspects of divorce. Luckily, divorce attorneys can help alleviate some of your legal and financial stresses by advocating for a division of property that works in your favor.

Is divorce exhaustive?

As you can see, the above list extensive -- yet, it is not exhaustive. Every divorce is different since every couple enters and leaves a marriage under different circumstances and with different assets. Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all ...

Is it a good idea to have an open and frank conversation with your attorney regarding all of the property

Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all of the property and assets relevant to your case.

How to find out if you should divorce?

Sometimes partners ponder divorce when they meet someone else, so find out whether your partner has thought about dating someone else. If so, pull yourself together and ask what your spouse lacks in your marriage that is making them look for another partner, or even, gasp, cheat on you. Although it may be one of the hardest things to do, try not to take it personally, as your partner is a separate individual with their own needs. Honesty may be very painful in this case, but it’s probably the best way to find out whether you should stay together or not. Sometimes one of the partners might feel extremely lonely in the relationship, especially if the spouses don't spend quality time together or don't share common interests. Even if you're sure that your partner has been loyal, ask them if they’ve been tempted, and why that is. This will help you prevent similar situations in the future and become closer to your partner by understanding them better.

What to do before talking to your spouse?

It’s highly recommended to do a little “homework” before approaching your spouse.

How to make divorce less stressful?

Even if divorce is inevitable, a positive attitude will make it less stressful and more amicable. 8.

Why does my husband withdraw from me?

You might feel that your connection has weakened but in reality, your spouse could be withdrawing due to emotional pain or a lack of understanding, especially if he or she is an introvert.

Why is divorce important?

Remember, divorce is a serious step which you should never take in an emotionally charged state of mind because it might negatively affect your life in the future.

What happens when you split up with your spouse?

When you split up, you'll have to pay all your bills without any support from your spouse. This is another reason why it's essential to keep calm and make rational decisions. Sit down and calculate how much money you’ll need to cover your monthly expenses or ask a financial advisor to help you.

What to do when you are unhappy in your marriage?

If you're unhappy about your marriage, it's important to find out more about your partner's feelings and plans. It’s crucial to be open-minded and accept your spouse’s response without resentment or judgment. You should talk like two mature adults and decide whether you want to stay together or start a new life.