things to have when going to a divorce attorney

by Orville Thiel 4 min read

5 Things You Should Bring with You to a Divorce Consultation

  • 1 – Bring a List of Questions You Have. As mentioned, this is the perfect time to ask the divorce lawyer about any...
  • 2 – Consider Bringing Pay Stubs. It’s common for divorce attorneys to ask how much money both you and your spouse make.
  • 3 – If You Have Tax Returns, Bring These. Sometimes it’s understandably a...

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

Full Answer

What are the best questions to ask a divorce lawyer?

Aug 21, 2017 · If you and your spouse signed a prenuptial agreement or a postnuptial agreement (or if you’ve been working on a separation agreement), your attorney will need a copy. Previous years’ tax returns (with attachments). There is a lot of information in a tax return that can be helpful to your attorney.

What to look for in a good divorce lawyer?

Sep 06, 2021 · You should be prepared to show your attorney at least three years in income tax returns. Your spouse’s basic information: full name, date of birth and social security number. Contact information for your spouse such as an address, landline/cell phone number and an email address Your spouse’s employer information, such as address and phone number.

What are the best questions to ask a lawyer?

Nov 24, 2018 · 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 of the property and assets relevant to your case.

What questions should I ask at a divorce consultation?

Oct 17, 2019 · Your financial account records, phone records, mortgages, and car notes are all likely relevant to the divorce. To the extent possible, gather all the documents you’ll need for your case before filing for divorce. If you and your spouse have a shared file of paper records in your home, make copies of everything before meeting with your attorney.

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What to do before going through 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

How do I know what to ask for in a divorce?

Here's what to ask yourself and your partner before getting a divorce, according to experts.
  1. Is There Any Way To Avoid This? ...
  2. Am I Financially Prepared? ...
  3. Do I Know How To Get A Divorce? ...
  4. What Are My Goals? ...
  5. Are Our Issues More About Growth I Need? ...
  6. What Would Our Ideal Relationship Look Like? ...
  7. Why Are We Having Problems?
Aug 29, 2019

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim

One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.
Mar 31, 2021

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

How do I ask for divorce peacefully?

There's no single “right” answer when asking for a divorce, but with preparation, you can make a tough conversation go a little more smoothly:
  1. Prepare Yourself. ...
  2. Choose A Suitable Place and Time. ...
  3. Keep Your Cool for Your Kids. ...
  4. Be Gentle, But Firm. ...
  5. Listen to Their Perspective. ...
  6. Be Understanding and Empathetic.
Dec 19, 2019

What are the signs your marriage is over?

7 Signs Your Marriage Is Over, According to Experts
  • Lack of Sexual Intimacy. In every marriage, sexual desire will change over time. ...
  • Frequently Feeling Angry with Your Spouse. ...
  • Dreading Spending Alone-Time Together. ...
  • Lack of Respect. ...
  • Lack of Trust. ...
  • Disliking Your Spouse. ...
  • Visions of the Future Do Not Include Your Spouse.
Dec 7, 2019

How do you know it's time for divorce?

It's okay to be casually comfortable with your partner! But, if you no longer find joy or simple happiness with your partner, or even feel resentful of them, then it's time to file for divorce. You deserve to be with someone with whom you're happy, not just be in a comforting habit with the one that you have.Jan 7, 2021

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.

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.

1 – Bring a List of Questions You Have

As mentioned, this is the perfect time to ask the divorce lawyer about any questions you may want answers to. This may include things such as, “what are my options?” or “what is a realistic timeline for my case?”

2 – Consider Bringing Pay Stubs

It’s common for divorce attorneys to ask how much money both you and your spouse make. When determining items such as child support payments, these will be important pieces of information that will be taken into consideration.

3 – If You Have Tax Returns, Bring These

Sometimes it’s understandably a little tough to round up three months worth of pay stubs. If you are unable to, a tax return may actually be even more helpful, since it’s gives a better picture of yearly income and your financial situation.

4 – Bring Prenuptial Agreements and Other Documents Related to Your Marriage

If you have a prenuptial agreement, this something you will certainly want to bring as it will help in preparation of a divorce agreement. In addition to agreements relating to your marriage, if children are involved, you may also consider bringing their birth certificates.

Scheduling Your Divorce Consultation

We understand that facing divorce is difficult. More often than not, it brings with it negative feelings and emotions. But you don’t have to face it alone. If you are facing divorce, we encourage you to schedule a divorce consultation with our firm.

How can a divorce attorney help you?

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. If you've decided to retain a divorce attorney, you can help save your attorney time (and save yourself some money) by gathering important legal and financial documents together ...

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 complicated?

Divorce is complicated -- legally, financially, and emotionally. 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 ...

Can a divorce be granted if only one spouse wants to end the marriage?

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.

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.

Can you get custody of your children if you divorce?

If you have children, their custody situation is probably at the forefront of your mind when getting a divorce. You should know that, absent extreme circumstances, you and your spouse will end up sharing custody of the children. It’s a good idea to sit down and carefully review your work schedule, your children’s schedule, and your other obligations and come up with your desired schedule for custody. If you can come up with a arrangement that gives both you and your spouse time with the children, you’ll be leaps and bounds ahead of most people who file for divorce.

Can a divorce lawyer be a therapist?

KNOW that talking to a divorce attorney is confidential. People often feel embarrassed by their situation.

What is the relationship between an attorney and a client?

Your relationship with your attorney is an intimate relationship – you will share details of your life that your closest family members and friends may not know. The confidentiality shared in the attorney-client relationship is important to your attorney’s ability to be your best advocate, and counselor in the divorce process.

Is a perfect marriage a perfect marriage?

The “perfect marriage” isn’t perfect and there is no perfect spouse. Be leery of anyone portraying a perfect marriage. The very best marriages are still made up of two flawed people just trying to figure it all out. Even relationship therapists who have good marriages, frequently have hard marriages.

Who is Kim Bowen?

Deciding whether or not to get divorced will be one of the hardest decisions you’ll ever make. Kim Bowen, the founder of The Marriage Place , shares some tools and insights to help you determine if…

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.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

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.

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.

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.

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 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.

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.

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.

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1 – Bring A List of Questions You Have

2 – Consider Bringing Pay Stubs

  • It’s common for divorce attorneys to ask how much money both you and your spouse make. When determining items such as child support payments, these will be important pieces of information that will be taken into consideration. By bringing pay stubs with you, this will aid in making more accurate estimates on how much money may be awarded in some ca...
See more on whitleylawfirmpc.com

3 – If You Have Tax Returns, Bring These

  • Sometimes it’s understandably a little tough to round up three months worth of pay stubs. If you are unable to, a tax return may actually be even more helpful, since it’s gives a better picture of yearly income and your financial situation. To obtain a copy of your tax return you may do so online directly from the IRS website here.
See more on whitleylawfirmpc.com

4 – Bring Prenuptial Agreements and Other Documents Related to Your Marriage

  • If you have a prenuptial agreement, this something you will certainly want to bring as it will help in preparation of a divorce agreement. In addition to agreements relating to your marriage, if children are involved, you may also consider bringing their birth certificates. Documents such as these can assist in the event there are questions involving custody, or if your case ends up goin…
See more on whitleylawfirmpc.com

5 – Any “Incriminating” Evidence

  • In the event you are seeking a “fault divorce,” you’ll want to bring any evidence which is considered incriminating. This may include photos, posts on social media, or any other evidence that provides proof of any abuse, cheating, etc. While Texas does allow for “no fault divorces,” this sort of evidence may create weight in your favor if you are seeking specific awarding in your divorce, su…
See more on whitleylawfirmpc.com

Scheduling Your Divorce Consultation

  • We understand that facing divorce is difficult. More often than not, it brings with it negative feelings and emotions. But you don’t have to face it alone. If you are facing divorce, we encourage you to schedule a divorce consultation with our firm. At the end of the day, you want a positive outcome in your case. You can rest assured that with our legal staff, you will be in good hands a…
See more on whitleylawfirmpc.com