what do i need to have ready when speaking to a divorce attorney

How well do attorneys prepare for a divorce hearing?

 · 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. Your attorney will need to know about your assets and liabilities.

What should I bring to my divorce attorney’s office?

 · 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 of property that works in your favor.

What questions should I ask my divorce lawyer at the first meeting?

 · Documents to Show Your Divorce Attorney: A Checklist. ____. Individual income tax returns for past three to five years (federal, state, and local) ____. Business income tax …

Should I talk to a divorce lawyer?

 · 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 …

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, ...

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.

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.

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 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.

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 ...

What to do before a divorce lawyer visit?

Here are five important steps to take before that all-important initial visit. 1. Don’t Stress Out! Divorce is already stressful enough without having to take on new anxiety about what will happen the first time you meet your lawyer.

What questions should I ask my divorce lawyer?

Questions about divorce that are commonly asked at an initial meeting include: Can I receive temporary child support or spousal support since my spouse no longer resides with me? How and when do we set up a temporary child custody agreement? Should I freeze all of our bank and credit card accounts? Who is responsible for paying the mortgage? Jot these down beforehand so you don’t forget — or better yet, email them to the lawyer in advance of your meeting.

What is an intake form for family law?

Most family law lawyers have an intake form that gives them a snapshot of the issues and your goals, and gives them important details about you and your family. At McCabe Russell, we don’t require you to fill it out our intake form advance, but if you can, it helps us move forward. Agreements.

What to do if you have been keeping a calendar of events?

Calendars/Journals. If you’ve been keeping a calendar of events or journaling, you should consider bringing those to help jog your memory about timeline and events. Inflammatory Documents. Don’t hold back from your attorney.

Do you need a mortgage statement and a copy of deed?

Mortgage Statement and/or Copy of Deed. It’s not uncommon for clients not to know what is owing on their own mortgage or even whether they are on the mortgage. Bringing a mortgage statement and a copy of the deed can help your lawyer determine the answers to these important questions.

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.

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.

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.

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 does it mean when an attorney struggles with answering this question?

If an attorney struggles with answering this question, he or she may be a poor communicator. Organized and disciplined attorneys have a proactive communication style that fits the particular client.

1. Be yourself in the meeting

You are allowed to feel and express emotion because a divorce is an emotional process. Some lawyers have difficulty with emotion. Those lawyers often practice anything but family law.

2. Be organized

While your first meeting with a divorce lawyer will be filled with you providing details, answering questions, and trying to absorb sometimes complicated legal rules while trying to assess the lawyer’s personality, there are things you can do in advance that may help move this meeting ahead more smoothly.

3. Know your goals for the divorce

When you go into this first lawyer meeting, it benefits you to be prepared, but that preparation should focus on you, your situation, needs, and goals. If you are prone to investigating divorce processes online, be wary of what you read.

How to be polite in divorce?

Always be polite and ask questions in a very straightforward manner if you don’t know what you should be doing. A certain amount of this is expected. There are specific rules that must be followed, whether you are an attorney, a witness, or a plaintiff or defendant in a divorce hearing. If you can, get to court early and watch how the process plays out.

How is a divorce hearing conducted?

How a divorce hearing is conducted. How divorce hearings are conducted will vary to some degree depending on the state, the judge, and the issues that must be decided. Some courts use hearing officers to handle specific procedural issues. Other courts use judges for all matters. Regardless of who handles your case, the hearing will be scheduled, ...

What are the issues in a divorce?

Just about any issue related to separation or divorce is fair game at a divorce hearing. Some of the issues that are considered include: 1 Temporary custody 2 Temporary child support 3 Temporary spousal support 4 Protective orders/temporary restraining orders 5 Emergency “ ex parte ” orders 6 Issues related to the family home, including who gets to live in the house and who is responsible for paying the bills needed to maintain the house 7 Procedural issues or disputes related to discovery, evidence or witnesses 8 Contempt of court rulings when court orders are not followed 9 Who pays for health insurance 10 Who pays for attorney’s fees 11 Possible court-ordered mediation 12 Possible court-ordered parenting classes 13 Dividing retirement accounts through a QDRO (after the divorce) 14 Settlement updates 15 Trial setting and additional hearings scheduled

What happens after a divorce hearing?

After the hearing is over, the judge will issue rulings on the issues that were presented. These become legal and binding either temporarily, or until the end of your divorce.

What is a divorce journey?

In a divorce journey, it is a stop along the way. It is a procedure to seek clarity about important issues, at least temporarily, until all the terms of a final settlement can be put in place. Depending on the complexity and nature of your divorce, you may need to attend several hearings from start to finish.

What happens at the end of a divorce?

A divorce trial is what happens at the end of your divorce. With a hearing, the judge will consider evidence and testimony on one or more aspects of your divorce, perhaps child custody or visitation or temporary alimony, for example.

Do attorneys get paid for their work?

Attorneys are paid very well for their efforts. In return, you have the right to expect that an attorney will be well prepared, on time, and ready to fight for your interests. Much of an attorney’s efforts in a divorce hearing depend on how well they have prepared beforehand. If they have done the hard work in advance, ...