Here are 10 questions to ask before hiring a divorce attorney:
- Is divorce law your specialty or just a part of the practice? ...
- How many years of experience do you have with divorce cases? ...
- How many custody cases have you handled? ...
- How much will this cost me? ...
- How long does this process take? ...
- Who will be working on my case? ...
- Discuss communication. ...
- What is your practice’s outlook on mediation vs litigation? ...
Full Answer
What a woman should ask for in a divorce settlement?
What Should I Ask for in a Divorce Settlement?Your Marital Home. Think about what you want from your marital home. ... A Fair Share of Assets. ... Retirement and Investment Accounts. ... Fair Debt Division. ... Parenting Time. ... Child Support and Alimony. ... Your Child's Future Needs. ... Take the First Step with Coumanis & York.
What to prepare before asking for a divorce?
Top 10 Things to Do Before You File For a DivorceNever 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.More items...
What should you not forget in a divorce agreement?
5 Things Often Overlooked In Divorce AgreementsFinancial Estate Planning. You and your spouse may have spent years building up your estate. ... Taxes. It is easy to overlook taxes in a divorce agreement. ... Power of Attorney. ... Retirement Accounts. ... Debts & Liabilities.
What questions should I ask my lawyer?
Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...
What can you not do during a divorce?
Top 10 Things NOT to Do When You DivorceDon't Get Pregnant. ... Don't Forget to Change Your Will. ... Don't Dismiss the Possibility of Collaborative Divorce or Mediation. ... Don't Sleep With Your Lawyer. ... Don't Take It out on the Kids. ... Don't Refuse to See a Therapist. ... Don't Wait Until After the Holidays. ... Don't Forget About Taxes.More items...•
How do I protect myself financially in a divorce?
How to Financially Protect Yourself in a DivorceLegally establish the separation/divorce.Get a copy of your credit report and monitor activity.Separate debt to financially protect your assets.Move half of joint bank balances to a separate account.Comb through your assets.Conduct a cash flow analysis.More items...•
What can a wife claim in a divorce?
Assets that you have built up or acquired during the period of marriage are known as matrimonial assets or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank.
What are the five stages of divorce?
There are two processes in divorce. The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.
What is a fair split in divorce?
As both parties are in similar positions financially at the end of their marriage, as they were at the start (both still work in similar roles with similar incomes), a fair divorce settlement may be a 50:50 split of the marital assets.
What should you not say to a lawyer?
9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•
What is the hardest question to ask a lawyer?
12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•
What are 3 questions you should ask a lawyer before hiring?
Five Questions You Should Ask:Will you be the attorney personally handling my case?Will you take the case all the way to trial if necessary?What results have you obtained in the past for cases like mine?Can I call or email you directly with questions I have about my case?More items...
What is the first thing to do when separating?
Here's how to file for legal separation.Step 1: Confirm Your State's Residency Requirements. ... Step 2: Move to File for Separation Petition. ... Step 3: Move to File Legal Separation Agreement. ... Step 4: Serve Your Spouse the Separation Agreement. ... Step 5: Settle Unresolved Issues. ... Step 6: Sign and Notarize the Agreement.More items...•
How do you know you are ready for a divorce?
If your spouse is cheating on you, then divorce may be the only option. If your spouse is causing you to get into debt through gambling or spending through your savings on alcohol, bad investments, or excessive use of credit cards – that's one of the signs you are ready for a divorce.
How do I prepare to leave my marriage?
What are the steps to leave my husband/wife?1) Gather Documents & Keep Records. ... 2) Open a Separate Bank Account & Create Your Own Budget. ... 3) List Property & Other Assets. ... 4) Plan the Logistics of Your Exit. ... 5) Contact a Divorce Lawyer. ... 6) To Tell Your Spouse Or Not. ... 7) Tell Your Children. ... 8) Leave.More items...•
How do I prepare my husband for divorce?
Divorce ChecklistConsider Whether You Can Resolve Your Divorce Without Court. ... Consider Whether You Need to Hire a Lawyer. ... If You Have Minor Children, Prepare for the New Parenting Arrangement. ... Collect Marriage Documents. ... Compile Important Financial Documents. ... Gather Other Essential Documents. ... Take Steps to Separate Your Life.More items...
How much does a retainer cost for divorce?
A retainer fee usually covers half of the estimated total cost of divorce. Meaning, if your divorce lawyer thinks it will cost $10,000 to handle your divorce, the retainer fee might be $5,000. This is not a hard and fast rule, but just an example. The point is that your retainer fee is going to run out.
What to do if you are unsure about a divorce?
splitting debts. If you’re unsure about whether you have a contested or uncontested divorce, ask your divorce lawyer. If there are small things that you can figure out on your own with your spouse, you should. Your attorney will be able to point out what things you need to negotiate with your spouse on.
What is the purpose of mediation in divorce?
Divorce mediations help couples reach an agreement on their disputes without going to trial. When you go through divorce mediation, you have the final say. When you go to trial, the judge has the final say on how to settle. If you need divorce mediation, ask your divorce lawyer for a divorce mediation checklist.
What happens if a divorce lawyer knows your spouse?
If your divorce lawyer knows your spouse, there could be a conflict of interest. Depending on their relationship, the divorce lawyer that you are questioning may not want to fight your spouse. If they just know OF your spouse, it’s probably not a big deal. If they are old colleagues, you may want to reconsider.
How devastating is divorce?
Divorce can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.
Why is it important to prepare for divorce?
When you prepare for a divorce, it makes everything easier. Your cost of divorce will be lower. Your divorce process will be faster. Your divorce will even be easier when you prepare for divorce before you file for divorce. Your divorce lawyer will give you a list of things that you need to prepare.
Who will serve divorce papers?
Most of the time, your divorce lawyer will serve the papers to your spouse for you.
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.
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 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.
Why do people use domestic violence injunctions?
Many parties use domestic violence injunctions or restraining orders in order to try to build up a child custody case.
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.
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 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.
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.
How to get money from a prenup consultation?
If you want to get your money’s worth from a consultation, make sure you bring all of the documents associated with your prenup. The same goes if you and your spouse have started working out a separation agreement (or other agreement related to your pending split) in writing.
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.
What to ask a divorce lawyer for the first time?
When discussing with your divorce lawyer for the first time, it’s crucial to ask for testimonials from past clients.
What should an experienced divorce lawyer show you?
An experienced divorce lawyer should show you how much you can discuss with your spouse and examples of off-limit discussions.
What happens if an attorney has a high caseload?
If an attorney has a high caseload, it may put you in the backlog, leading to negligence and jeopardizing the divorce process.
What is a good divorce lawyer?
Good divorce lawyers are excellent communicators. They must be available to answer your questions at any time while reaching you for information if need be.
What happens if you don't hire a lawyer?
However, if you’re unable to hire a good lawyer, you’ll struggle to make a case, and the divorce may end up unfavorably.
What is collaborative divorce?
Collaborative divorce is mostly an out-of-court agreement to dissolve a marriage on peaceful terms.
Can divorce be collaborative?
However, not all divorces can be processed collaboratively. The success of a collaborative divorce process depends on the cooperation of your spouse.
How many divorce cases have you handled?
Hiring a divorce attorney is kind of like choosing a doctor to perform surgery: You don't want to hire someone who's never done this before. Getting a divorce is stressful enough, and the last thing you'll want to have to do on top of dealing with the emotional and logistical repercussions is checking your lawyer's work over their shoulder to make sure they are handling everything correctly. After all, you're the client.
Do you practice collaborative divorce?
Similar to settling out of court, a collaborative divorce puts the "let's fight!" mentality away so that you and your spouse can reach a reasonable agreement in a non-aggressive way. It's a type of problem-solving that keeps the peace during a divorce. A collaborative divorce could end with you and your ex on good enough terms to be friendly with one another.
How many of those cases were you able to settle out of court?
Ideally, you want to keep your divorce out of the courts to avoid added drama and a prolonged agreement. Settling out of court is essentially reaching a compromise, so finding yourself a talented divorce lawyer who's settled out of court a lot is a good sign to look for.
Do you know my spouse?
If your lawyer is associated with your spouse, that could be a big problem regardless of how your attorney feels about him or her. Our own personal feelings or knowledge of another person tends to get in the way of our ability to perform without bias, so definitely don't hire someone who has any prior connection to your spouse.
Do you know my spouse’s attorney?
Whether or not your lawyer knows your spouse's lawyer may matter to you less than if your lawyer knows your spouse, but it's still something to take into consideration. If they were in one seminar together during their first year of law school, feel free to proceed with your lawyer, but if they were roommates in law school, you might want to consider hiring someone else.
Are you familiar with local family court judges?
Hiring a lawyer is similar because, before you do so, you want to make sure they know your local judges' reputations and directions in which they tend to rule. If the judge assigned to your case tends to be lenient with custody and you're seeking sole custody, you'll want your lawyer to be aware of this so that she can plan a strong strategy.
Do you believe it is better to mediate and negotiate than go to trial?
The most important element when it comes to hiring a divorce lawyer is that you see eye-to-eye. If you want to mediate and negotiate, but your lawyer is dead-set on going to trial, that disagreement could impact your case's success.
How Experienced Are You in Family Law?
- As Avvo.com says, experience is important. While it may be a nice idea to cut a fresh law graduate a break by giving them their first big job, think about how complicated your divorce is likely to be first. If you’ve got kids, substantial combined assets or debts, complex living arrangements, or a high conflict relationship, a divorce lawyer with e...
How Much Will This Cost Me?
- As divorcenet.com notes, most divorce lawyers will be reluctant to put a specific number on how much a divorce will cost. Average costs depend on numerous factors, including complexity and the level of conflict involved. While your lawyer should give you an indication of the cost, they should also make it clear that cost estimates are exactly that – estimates – and that the true co…
Do You Handle Custody Cases?
- If you don’t have children, you obviously don’t need to worry about whether or not your divorce lawyer will also be able to handle any custody issues. If you do, be sure to ask up front if it’s something they have experience in. Don’t assume that all divorce lawyers know the ins and outs of other family law matters – many do, but it’s not a given. Ask how many cases they’ve dealt with t…
Have You Handled Similar Cases in The Past?
- Not all divorces are the same. Maybe the lawyer you’re speaking to has extensive experience in high conflict divorcebut no experience in high net worth divorce. Maybe their strength lies in mediation rather than litigation. Once you’ve outlined the specifics of your situation, be prepared to quiz them on how familiar they are with cases such as yours and how they’ve handled similar …
How Does The Retainer Work?
- Divorce is rarely pretty and never cheap. Before putting your business in the hands of any lawyer, find out how much their retainer is and how it works. Will any unused portions be returned? Will you be reimbursed (and if so, by how much) if you decide not to proceed with the divorce? Will you be reimbursed if you aren’t happy with their services and move to another attorney? What happe…
Who Will Be Working on My Case?
- Don’t assume that the person you’re talking to about your case at the moment will be the one to handle every part of it. Some lawyers work as one-man bands, but many others work as part of a larger team. It could be that the lawyer you’re currently in discussion with will be handling the communication, but another lawyer will be handling the paperwork. Ask for confirmation so you …
How Long Will My Divorce take?
- Most people go into a diverse wanting the process to be over as soon as possible, but it’s important to set your expectations around a reasonable timeframe. Ask your lawyer what waiting period is applicable (most states have a set waiting period between the date of the petition being served and the final hearing date) and what they believe a realistic time frame will be based on t…
What Is Your Approach to The Divorce Process?
- No two lawyers are the same, and no two lawyers have exactly the same approach to handling a divorce. Some will take a matter to court without hesitation, others will prefer to use alternative dispute methods in the first instance. As divorces settled at the negotiation table tend to be more cost-effective in the long run, be sure to grill them on their preferred approach (and if it’s alternat…
How Do You Communicate?
- Staying up to date with how your case is proceeding is vital for your peace of mind. Ask your lawyer how often you can expect to receive updates and how they tend to communicate. If you prefer emails over phone calls, or face-to-face meetings over either, be sure to make your preferences known. It’s also worth asking if they have a paralegal on the team through whom co…
Where Do You See Any Problems Arising?
- The more well-informed you are from the outset, the better. Once you’ve given the lawyera summary of your case, ask them where they see any problems occurring. If they’ve dealt with similar cases in the past, they should be able to give you a good idea of any red flags and what they’ll do to manage them.
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