what should you ask a ca divorce attorney

You should have a discussion with your attorney about what the divorce process is like so that you know what to expect. Ask about the general process and steps, the documentation needed, temporary orders/agreements that may be needed, and an approximate timeline.

Full Answer

What are some questions to ask a divorce lawyer?

Number one on our list of questions to ask a divorce lawyer is about the areas of law the attorney practices. Such questions are important because the more and different areas of law that are part of the lawyer's practice, the less dedicated the lawyer and his staff may be to divorce cases.

Should I talk to a divorce lawyer?

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.

What information will my divorce lawyer need about my business?

Information your divorce lawyer will need about businesses acquired or operated during the marriage will vary depending on the nature of the business and whether the business is community property, separate property of one spouse or a combination.

How do I ask a family law question in California?

The California Family Code gives the family law judge significant discretion in many different areas of family law. 2. After stating the issue about which you have a question, ask the attorney what the law specifically states about that issue. If you have a question about alimony, ask the attorney what California law states about alimony.

What should a woman ask for in a divorce settlement?

A detailed parenting-time schedule—including holidays! It's in your best interest, and more importantly in the best interest of the children, that you have a detailed schedule in an attempt to avoid issues down the road. This parenting-time schedule is an extremely important thing to ask for in a divorce settlement.

What should I ask at my first divorce consultation?

What happens at the meeting?Length and place of marriage.History of your marriage and how your marriage broke down.Your income and that of your husbands.Information about your children.Your marital assets.Liabilities from the start of the marriage and;Whether your divorce is likely to be contested or uncontested.

What is the average retainer fee for a divorce lawyer in California?

Most attorneys require an initial retainer which on average is in the neighborhood of $3,000 to $5,000.

How do I prepare for a divorce in California?

10 Steps to Getting Divorced in CaliforniaProtect Yourself, Your Children, and Your Property. ... Make Sure You Meet Residency Requirements. ... Gather Information. ... Decide if You Need Temporary Alimony or Child Support. ... Determine Which Procedure to Use. ... Prepare the Necessary Forms. ... File Your Forms. ... Notify Your Spouse.More items...

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 should I ask my first divorce lawyer UK?

7 questions to ask your divorce solicitor at your first meetingDo I have the right to a divorce? ... How long will my divorce take? ... Who will our children live with? ... How much will maintenance be? ... Who will pay the costs of my divorce? ... Will I have to go to court? ... Is it possible for me to have a divorce if my spouse objects?More items...•

What is a wife entitled to in a divorce in California?

In California, a wife may be entitled to 50% of marital assets, 40% of her spouse's income in the form of spousal support, child support, and primary child custody. These entitlements are based on the marriage's length and each spouse's income, among other factors.

How is spousal support calculated in California?

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

How much is the filing fee for a divorce in California?

$435The filing fee for a divorce in California is $435. If your spouse decides to respond to your complaint, then they must also pay $435. You should also note that there may be additional costs as the case progresses. If you can't afford to pay these costs, you have the option to ask for a fee waiver.

Is CA a fifty fifty state when it comes to divorce?

In California, there is no 50/50 split of marital property. According to California divorce laws, when a married couple gets divorced, their community property and debts will be divided equitably. This means they will be divided fairly and equally. After all, how can you split a family home in two?

Does it matter who files for divorce first in California?

There really is not distinct advantage during the pendency of a divorce case to be the Petitioner or the Respondent. Most legal experts believe that there is little legal advantage to who files first because California is a no-fault divorce state, so the court really doesn't care who files the petition first.

What can be used against you in a divorce?

Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.

What to ask a divorce lawyer about mediation?

Not all divorces are created equal, and the same goes for the divorce lawyers who handle them. Some attorneys only handle mediation, others feel more comfortable in courtroom environments. If your case is going to be a contested one, ask if the attorney has significant family law courtroom experience? How long has the attorney been practicing family law? How many family law cases has he or she handled? Is the attorney a "Certified Family Law Specialist?” If you will be facing a contested divorce or child custody issues, it’s important to research an attorney who specializes in Family Law. ( James R. Vercollone is certified by the State Bar of California as a Legal Specialist in Family Law.) Start the process by thoroughly understanding the types of cases and scenarios the attorney excels in before making your decision to hire him or her.

What to ask a lawyer during initial consultation?

During your initial consultation, ask what information and/or documentation the lawyer will require during your first appointment. This will help streamline the information gathering process, saving time for the lawyer and money for yourself.

Can a family law attorney guarantee a divorce?

But don’t be afraid! This is for the best. Of course, no attorney can guarantee an outcome in a family law case . However, good, experienced attorneys will give an honest answer, even if it isn’t what their client wants to hear. If the lawyer feels like the judge will likely rule in favor of the other side, they should be honest with you. If you have a good chance of winning, they should be honest with that as well. An experienced family law attorney should have a good idea of how a court will view your case, as well as the best way to present your case in family court to get the desired outcome. No one wants to be blindsided by a completely unexpected result, and a realistic approach should be taken throughout the entire divorce process in California.

Can you do divorce on your own?

There are also many tasks that may be completed on your own in a divorce. Most people fail to realize this and end up paying money for work that didn’t have to be completed by a family law firm. Attorneys are typically upfront with you on this information if you ask them, as it will only require less work on their part, and they are able to take the cost down. While there are many things that your legal team will undoubtedly have to complete for you, not everything is up to them if you don’t want it to be.

Is it normal to be scared of hiring a lawyer in San Diego?

Add in a situation as emotional as divorce, and it’s no wonder that people can feel confused, overwhelmed, and afraid. Most people never need to hire an attorney throughout their lives, so these feelings are completely normal. We get asked all the time, “What questions do people ask their divorce lawyer?”. Don’t worry if you have this same question!

Who is doing the legwork in a divorce?

Most people assume that the person doing most of the legwork in a divorce case is the attorney , and often that is true. While your attorney will be in charge of the case, they may assign parts of the process to other members of their team. This is a common process, but it is important for you to know who the other people fighting for you are. It is equally important that they know who you are. You should meet as many of these people as you can. It promotes confidence within you as well as a connection with the other legal team. A divorce case is a team effort, not just the attorney that you hire.

Do attorneys charge hidden fees?

This is all-important information that you must gather up front. Contrary to popular belief, attorneys aren’t in the business of charging hidden fees. Communicating potential cost is always one of the first conversations that should take place in any legal case.

Tips on choosing the right lawyer to guide you through your divorce

Please answer a few questions to help us match you with attorneys in your area.

Ten Questions to Ask a Divorce Attorney

We've provided a few questions you might consider asking during your initial interview with a family law attorney. These may help you determine whether this lawyer is right for your case.

Are you ready for a strategy session?

Now you know the questions to ask a divorce attorney on the first visit. The next step is meeting with experienced and knowledgeable divorce attorneys.

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.

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.

What will your divorce attorney need from you at the initial consultation?

When searching for a divorce lawyer, it's normal to wonder. You have never been through a divorce before and it's a little scary walking into an attorney's office. It's especially scary when you don't know what to expect.

What will my divorce lawyer need to know about assets?

Real estate in a typical divorce cases includes residential real property (family residence, rental property or land) or commercial property. Your divorce lawyer will need:

What will my divorce lawyer need to know about marital lifestyle and our standard of living?

The marital standard of living is at the heart of every California spousal support case . We won't go through the Family Code 4320 factors in detail here but you should check out our spousal support page for that. Those factors lay out much of what your divorce lawyer will need which include, as some examples:

Why do divorces need a thorough review?

Some divorce matters need a thorough review because there are "tracing" of separate or community property issues or breach of fiduciary duty (absconding with money as one example or failing to disclose assets as another). Such cases typically need a forensic accountant's help.

What are Questions to Ask a Divorce Lawyer at the Consultation?

Here are the top five questions to ask a divorce lawyer at a consultation and before you hire one, to determine if he or she is a good fit for you. We know this entire selection process can be stressful, which is why we wrote this article to help you get started.

Why is litigation important in divorce?

The reason we bring up the litigation driven experience is because family law and divorce cases can end up in court. When they do, it is important that you have a lawyer who is comfortable and experienced with matters such as discovery (formal requests for information), law and motion (preparing paperwork to the court to file and set for hearing), courtroom and trial experience.

How many years has an attorney practiced law?

For example, let's say that the attorney with whom you're consulting has been an attorney for 30 years.

Why is it important to cross-examine a divorce case?

That is because conducting direct and cross-examination of parties (the husband and wife, or the father and mother) or witnesses as well as properly making objections to evidence, introducing evidence and making proper legal arguments are a big part of effective representation in family law cases that will likely end up in a courtroom.

What are internal costs?

Internal costs generally include copy costs, fax charges and so forth. Think of it as cost incurred within the Law office that are sometimes passed on to you. These should be laid out to you in writing and in the retainer agreement. External costs are costs incurred outside of the office.

When do we handle in person meetings?

We handle in-person meetings on an as needed basis when a client needs to come into the office to meet with us. This often happens when paperwork requires review and discussion.

Is it good to consult with an attorney before court?

The advantage is the attorney with whom you consult will likely be the only one who represents you in court. That can be a good thing. The bad thing may be that you may rarely talk to that attorney before court appearances because he or she may be spread pretty thin and dealing with a lot of cases in different court rooms.

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.