what questions do ask my attorney about divorce in the united states

Ask about alimony laws, child support and custody laws, asset laws, and anything else which may apply to you. Divorce attorneys often see the same judges multiple times, so they may be able to predict how the judge will react to your case. Ask how they believe the judge will rule on your case.

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What questions should I ask my divorce lawyer?

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.

What you should know before contacting a divorce attorney?

Aug 10, 2015 · Divorce Questions to Discuss With Your Attorney Child Support and Child Custody. 1. Who will the children live with? 2. If they live with your spouse, how often will you be able to visit them? 3. How will you and your ex-spouse make decisions about the children, such as their health and education? 4. Who pays for the children’s living expenses? Education?

How to evaluate a good divorce attorney?

Jan 14, 2020 · Questions to ask your divorce attorney might include: What proportion of your cases involve family law? How long have you been practicing family law? How many family cases have you handled? How much of my case will be handled by other attorneys or staff and what is their experience? Family law is a unique area of practice. You probably don’t want your …

What qualities make a good divorce attorney?

Jan 14, 2021 · Regardless of what you bring to your divorce consultation don’t forget why you are in a divorce attorney’s office in the first place: (1) to get information about divorce in your jurisdiction– we firmly believe that knowledge is power!, (2) to get an idea about what your life could look like post-divorce, and (3) to evaluate whether the attorney you are meeting with is …

What should I ask for in my divorce?

Considerations to Make About What to Ask for in a Divorce SettlementMarital Home. ... Life Insurance and Health Insurance Policies. ... Division of Debt. ... Private School Tuition and College Tuition. ... Family Heirlooms and Jewelry. ... Parenting Time. ... Retirement Funds.

What to ask yourself before getting divorced?

11 Questions to Ask Before Getting a DivorceHave you made clear your concerns about the relationship? ... Do you and your spouse have shared expectations about the roles you play in the relationship? ... If there is a way to save the marriage, what would it be? ... Would you really be happier without your partner?More items...•May 18, 2017

What are some marriage counseling questions?

18 Marriage Counseling Questions to Ask Your Spouse18 Marriage Counseling Questions. ... Do you want our marriage to succeed? ... What are the most important marriage issues we should improve? ... Are there any reasons our marriage cannot Improve? ... Why did we originally fall in love?More items...•Apr 30, 2018

How do you know divorce is the right choice?

Negative signs Divorce might be the best choice for you if: there's a pattern of abuse, drug addiction, or repeated infidelity. neither of you is willing to change or adapt to present circumstances. neither of you is able to forgive past wrongs or make amends.Aug 16, 2006

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.

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.

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 happens if you don't sign a prenup?

If you and your spouse did not sign a prenuptial agreement, you may not know how to fairly split your assets in your impending divorce. Dividing marital property can be complicated, and if you and your spouse can’t reach an amicable, mutually beneficial agreement, you may need to bring this question before a judge. If there is a dispute over who should receive which assets, your attorney can help you better understand your chances of a favorable ruling.

What does an attorney do after divorce?

Your attorney will work to help you get a fair settlement and protect your interests while you work on moving forward with your life after your divorce. While the attorney should be working to resolve the issues as amicably as possible, sometimes court intervention is needed.

Do lawyers have to be transparent?

Lawyers are ethically required to be transparent about how much their hourly rate is and their fee structure. Your fee agreement should explain everything you need to know about billing but most importantly you should discuss ways you can save on fees.

Does Arizona require spousal support?

Arizona is one of the states that provides for spousal maintenance under certain circumstances after a divorce. If both parties worked during the marriage and are ending the marriage more or less equally situated, alimony is probably not appropriate but the topic should still be addressed with your attorney.

Is Arizona a community property state?

Arizona is a community property state, and the separating spouses will split the marital pot equitably. When parties are ethical and open about their financial worth during an amicable divorce, each party will know what debts and assets that the other party has.

Child Support and Child Custody

1. Who will the children live with?#N#2. If they live with your spouse, how often will you be able to visit them?#N#3. How will you and your ex-spouse make decisions about the children, such as their health and education?#N#4. Who pays for the children’s living expenses? Education? Travel?#N#5.

Spousal Maintenance and Alimony

9. Will you receive spousal maintenance or need to pay it?#N#10. How much and for how long will you need to pay alimony?#N#11. Why will it be required?

Home, Property Division, and Assets

12. Who will live in the marital home during the divorce process?#N#13. How is the home currently owned?#N#14. How was the home acquired?#N#15. Will the home be kept or sold?#N#16. How will the proceeds be divided?#N#17. If one spouse keeps the home, will one of the parties deed their interest in it to the other?#N#18.

Insurance

26. Should life insurance be kept for the benefit of the children?#N#27. Who will be the beneficiary of such insurance?#N#28. Will either party be obligated to provide medical or other insurance for the benefit of the other and if so, for how long?#N#29.

Income Taxes

31. Who will be entitled to receive any refund that may be due on any past joint income tax returns filed by the parties?#N#32. Who will be responsible for any deficiencies on past joint income tax returns?#N#33. Who will be responsible for paying any taxes due on a joint income tax return for the present year?#N#34.

Questions About Experience

The issues that need to be addressed in your divorce are ones that will affect you and your family for years to come. When asking your divorce interview questions, it is important to learn whether your family law attorney has the experience necessary to advise you correctly.

Questions About Billing

Questions about billing are definitely important questions to ask an attorney about your divorce case. If you’re concerned about keeping costs down, you will want to understand your attorney’s billing practices. Here are a few questions that will cover the basics:

Questions About Communication

When you are going through a divorce, you will probably have many questions for your divorce attorney.

Questions About Procedures and Law

For many people, going through a divorce may be their first real experience with the legal system. You may feel a bit overwhelmed by the process or concerned about what the laws mean for you.

How to Find a Divorce Attorney

Are you ready to start interviewing divorce attorneys? You might want to start with the experienced family law attorneys at Eskew Law. We pride ourselves on excellent communication with our clients and favorable results.

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.

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.

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.

Does California have spousal support?

Temporary spousal support in California is also governed by the same computer program that determines child support. And most family law cases that involve W-2 wage earners or income that isn't difficult to calculate can result in relatively easy temporary spousal support determinations. While the marital lifestyle and the status quo does have some relevance to the temporary spousal support order, reliance on the computer-generated programs is common and most often used by judges in standard divorce cases that don't merit a deviation.

Can a W-2 give you child support?

Child support is one of the few areas of law that can be clear so long as there isn't a significant dispute in the income of the parents. If you and your spouse are W-2 wage earners, there's no reason the lawyer with whom you consult cannot at least give you a range of potential child-support orders. While the timeshare and visitation schedule with the children will affect child support, the numbers can be calculated with those variations in mind.

Meeting With Your Attorney

Any information, even that which you feel is barely relevant to your divorce, should be brought to your initial consultation. This will help your attorney assess your situation, and will help you know the right questions to ask.

Universal questions which should always be asked include

Do you specialize in divorce law, or is it just an additional part of your practice?

How do I Prepare My First Consultation With a Divorce Attorney?

Every divorce situation is different. Children, commingled assets, bank accounts, retirement funds, restraining orders; any and all which may exist can vastly affect the outcome and the judge’s decision of how to divide everything.