what questions to ask an attorney about separation of property

by Mr. Kamren Dickinson PhD 3 min read

Other questions to ask include:

  • Are they primarily a real estate lawyer? If not, how much of their business is geared toward property law?
  • How long have they been practicing law?
  • How does your billing work? How much will their services cost?
  • Will they be working on your case or will someone else? ...
  • Do they have references?

Full Answer

What questions to ask a divorce lawyer?

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What to ask a divorce attorney about a move away request?

Jan 14, 2021 · 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. 5. Talk about payment. This question is especially important if you’re concerned about your financial situation.

How long after separation can you apply for a property settlement?

Jan 19, 2018 · Important questions to bring to the table: What is your hourly rate? Will I pay you for working with your secretaries or other paralegals? What do I owe upfront? Will there be other costs or fees independent of attorney fees? These fees may include, filing fees, retainer fees, so be sure to ask for a fee structure. Are there form fees?

Do I need a lawyer to get a legal separation?

What is a standard/typical custody and visitation order? What is “family support”? How long does spousal support last? How do you define separate property? How are 401 (k)s and IRAs divided? How do you divide a pension? How do you divide furniture? Can I get reimbursed for pre-separation expenditures of my spouse? Is fault an issue?

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What should you not do when separating?

5 Mistakes To Avoid During Your SeparationKeep it private.Don't leave the house.Don't pay more than your share.Don't jump into a rebound relationship.Don't put off the inevitable.Oct 19, 2016

What should I ask for in a separation?

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 does a separation accomplish?

Typically, couples turn to legal separation when they do not want to immediately end their marriage with divorce but rather live apart and ensure their rights regarding money, property, children, and debts are protected. Legal separation gives spouses time to decide if they should reconcile, or proceed with a divorce.

What to do before asking for a separation?

Before you approach your spouse, consider carefully what you will say and where you will have the discussion. You want to be calm and discuss your decision in a way that results in the least amount of emotional damage to you, your spouse and your children.Oct 1, 2018

What is formally separated?

What is a formal separation? Opposite of an informal separation, your formal separation gets the law involved. Without getting a legal divorce and dissolving your marriage, a formal separation would allow you to have legal ramifications drawn up by the court without having to get a divorce.May 13, 2020

Is it better to divorce or separate?

Separation can allow you to tackle various aspects of the divorce process, such as establishing a child custody arrangement and dividing marital property, more calmly. Without court fees and timelines hovering over their heads, spouses may find navigating these legal disputes significantly easier during separation.Sep 14, 2020

How do I start a separation process?

How to File for Separation Legally—in 7 StepsStep 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...•Apr 9, 2021

How long should separation last?

Come Up With A Time Frame You and your spouse should agree on how long the separation will last. Ideally, psychologists recommend that a trial separation last no more than three to six months. The longer you spend apart from your spouse, the harder it will be for you to get back together.Jan 5, 2022