what does my divorce attorney need

by Edna Okuneva 9 min read

Find the common information your divorce attorney will need below. 1. Your basic information: full name, date of birth, and social security number. 2. Contact information such as an address, landline/cell phone number, and email address. 3. Proof of state residency. 4. Information about your employer: name, address, and phone number.

Before the divorce process begins, your attorney will need information about your marriage and the official documentation attached to it. These will include income tax returns and proof of income related to marital debt, assets, property valuations, etc. Attorneys want documents because dry ink doesn't lie.Jan 24, 2022

Full Answer

Do I really need to hire a divorce lawyer?

Mar 14, 2020 · Find the common information your divorce attorney will need below. Personal Information 1. Your basic information: full name, date of birth, and social security number. 2. Contact information such as an address, landline/cell phone number, and email address. 3. Proof of state residency. 4.

What does it take to become a divorce lawyer?

Nov 23, 2018 · Documents to Show Your Divorce Attorney: A Checklist. List of personal property, including home furnishings, jewelry, artwork, computers, home office equipment, clothing and furs, etc. 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 ...

What to look for in a good divorce lawyer?

Oct 11, 2019 · Your lawyer will need to understand how custody, visitation, and support obligations will influence negotiations and proceedings in connection with the divorece. They will also have to present the court with information about your children’s best interests, upbringing, and financial needs. Find the Right Divorce Lawyer

Do you really need a divorce attorney?

Aug 28, 2019 · An experienced attorney will take charge of your divorce, but will need your help with some things. Your duties will include signing documents, providing facts and information about your case, and gathering important documents such as pay stubs and tax returns. Starting Your Divorce Case

image

Starting the Divorce Process: Related Resources

If you're just starting the divorce process or planning to do so, you may feel overwhelmed by all of the steps required. If you also have children, the process can be much more emotionally draining. The following resources will help you make sense of your state's divorce laws and the divorce process in general.

If You're Getting Divorced, Don't Go it Alone: An Attorney Can Help

After determining which documents to show your divorce attorney at that first consultation, you'll want to find the right attorney. But just because a lawyer has a lot of experience and great credentials doesn't mean they're necessarily the right fit, since style and personalities vary widely.

What information is needed for a divorce?

Financial information about your bank accounts, assets, debt, and income; Any nuptial agreements; and. Any other evidence or information related to your divorce. This information will help the lawyer evaluate and understand your divorce claim, so that the process goes more smoothly.

Why is it important to hire a lawyer for divorce?

Selecting and hiring a lawyer is an important decision. For many people, divorces are too complicated and emotionally charged to handle on their own. A local divorce lawyer can help you understand your legal rights, file the appropriate paperwork, and facilitate a workable separation.

What states have community property laws?

The rules on marital property division will vary from state-to-state. Most states divide marital property based on the legal theory of equitable distribution. However, nine states have laws that apply community property rules. Community property states include: 1 Arizona; 2 California; 3 Idaho; 4 Louisiana; 5 Nevada; 6 New Mexico; 7 Texas; 8 Washington; and 9 Wisconsin.

What are the issues in divorce?

Every divorce is different and may involve multiple issues. These can include dividing up property and debt, child custody matters, and spousal support. In order to understand your particular case, the lawyer will need accurate and detailed information from you.

What are the rights of a divorced spouse?

These may include your right to marital property, child custody, and financial support. For instance, an abusive spouse may have difficulty obtaining sole or primary custody of a child.

What do you need to divide in a divorce?

When you divorce, you will need to divide up your marital property and debts between you and the other party. Depending on your situation, this can be a complicated process. The lawyer will need to understand what assets and debts are involved in the proceedings.

What is a prenuptial agreement?

A prenuptial agreement is negotiated and signed before the marriage occurs; in contrast, postnuptial agreements occur after the wedding. Both of these are considered “nuptial agreements”, or agreements made in connection with a marriage. If you and your spouse have in fact signed a nuptial agreement, then it typically will dictate how your income, ...

Starting Your Divorce Case

Your first divorce consultation will be at your lawyer’s office. At the initial meeting, your attorney will ask lots of questions, listen to the details of your case, and walk you through the divorce process.

What Do I Have to Do in a Divorce?

Don’t think that once you hire a divorce attorney that you can book a month's long vacation. You and your lawyer will need to keep in touch frequently as your divorce progresses. Your lawyer may look to you to provide factual background for the paperwork or “pleadings” filed in your case.

What documents are needed for real estate?

Documents Related to Real Estate 1 Any documents showing the legal description of any real estate owned together or separately. These can be obtained from your mortgage company or bank. 2 Your current mortgage statements on any mortgages you have on real estate property. 3 All documents pertaining to the initial purchase of the real estate. 4 If the real estate has been refinanced, all documents pertaining to the refinance. 5 Tax assessor’s statement (s) pertaining to any and all real estate.

What is a copy of a financial statement?

A copy of any financial statements or statements of net worth prepared by you or your spouse for the purpose of securing bank loans or for any other purpose. Any other information that will establish your net worth, your spouse's net worth, your joint net worth, your income, and your spouse's income.

Who is Cathy Meyer?

Cathy Meyer. Cathy Meyer is a certified divorce coach, marriage educator, freelance writer, and founding editor of DivorcedMoms.com. As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity. Brides's Editorial Guidelines. Cathy Meyer.

Is real estate a major asset?

Real estate is a major asset that will need to be taken into consideration. "Any real estate purchased during the marriage is marital property and will be divided in the divorce," says Sember. "Real estate owned separately (bought before marriage) could also come into play if marital funds were used to pay the mortgage or do upkeep or repairs on the property." Sember explains that "community property states 'award half of marital property to each spouse' whereas equitable distribution states 'divide property in a way that is fair but not necessarily equal.'"

Is life insurance considered a marital property?

Life insurance can also be considered a marital property . In some cases, it can be viewed as a form of spousal support. "Life insurance cash value could be divided in the divorce or the court can order a beneficiary change, such as to provide backup for child support," says Sember.

Do you have to disclose debts during divorce?

"All debts entered into during the marriage must be disclosed as part of financial disclosure ," explains Sember. "The court will determine which are marital debts and divide them as part of the divorce ."

What is a savings passbook?

Savings passbooks and savings certificates of individual or joint accounts held individually or jointly by you and your spouse. Any and all bank statements for the past three years from any account in your name or held jointly with your spouse. Statements from investment accounts you two hold jointly and separately.

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 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.

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.

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.

How much does a divorce lawyer charge?

Your lawyer may negotiate this charge before beginning your case. The hourly rate also may vary because of the complexity of the divorce case. $50 to $300 may be charged for the lawyer service provided for your case.

How to settle a divorce?

Go For Mediation. Most of the time, divorce may be resolved with mediation, mediation is one of the simple ways to settle your critical divorce process. In this ways, you both are agreed with your differences and want a quick solution without going to face any court hassle.

Why is divorce not a simple issue?

Divorce is not simple issue to resolve because there are strict legal bindings. The reality is really unfavorable because you are going to cut off the relation of the married life through divorce. As it is a legal process, you need to hire a divorce lawyer who can help you settle this issue. Hiring a divorce lawyer is really expensive ...

What is a waiver for divorce?

Waiver is available for the people who don’t afford to spend the cost of the divorce lawyer. This is arranged at every state level. The low income people has to clarify that they have lower income and they have to make sure at the court level. There are many formalities to get it because low income family has really low income.

What is the government's help for divorce?

Government Help For Divorce. In the state level, there are legal aid Divorce help, legal help society, volunteer lawyer, state and city bar who are ready to help the needy people. You may find them online or your dear ones. It is also good to take decision from the person who already faced divorce case.

Is a pro bono divorce lawyer free?

This is available for the low income people who don’t afford to spend for the cost of divorce lawyer. This is also federal program which makes sure you’re no charge for legal affairs. Surely there are some women who don’t get lawyer at free of cost and pro bono divorce lawyers can be best option for them.

What is the last step to make sure you are a waiver?

In this step, your information provided with documents should correct and authentic. Any discrepancy of information can disqualify your application. However you file for waiver and reach your application to the clerk who will preceded the process for court decision.

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.

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.

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.

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.

image