what to expect in a divorce meeting with an attorney

by Darwin Beahan 7 min read

During your meeting, the divorce attorney will want to know some specifics about your marriage, including:

  • A brief history of the marriage
  • General background information on you, your spouse, and any children
  • Basic financial information, including employment status and property ownership
  • Your current situation — if you are just considering divorce or if you are ready to file
  • What your goals are in terms of seeking custody, child support, alimony, etc.

Your lawyer should have some ideas, based upon past experience, as to what you might expect. In addition to answering questions about your personal situation, your lawyer can describe the procedural aspects of getting a divorce, including how the court system works and how long the process may take.

Full Answer

How do you prepare for an attorney meeting?

Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.

What should I ask for in a divorce?

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 is the first meeting with a lawyer called?

legal consultationA legal consultation is the initial meeting between a potential lawyer and client. These meetings allow the client to discuss their case with an attorney. Then, the attorney can give an overview of their recommended course of action.

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 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 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 happens at first meeting with a lawyer?

The Initial Meeting with your Lawyer The meeting is likely to take about one hour. Your lawyer will ask you to tell your story, including how you were injured, who was involved, what injuries you have suffered, how your injuries are affecting your life and what treatment you have received.

What are some things attorneys and clients might talk about when they first meet?

Explain how the firm operates, what type of cases are generally handled, and how the firm will likely handle this particular case. Additionally, attorneys meeting with new clients should briefly explain their experience, education, and any noteworthy cases that could apply to the case at hand.

What is the most common child custody agreement?

Joint custody, where both parents have custody of all children involved, is preferred and is the most common arrangement, if conditions allow.

How do I negotiate my husband's divorce settlement?

How to Negotiate a Divorce Settlement with Your SpouseFocus On Interests Not Positions. ... Be Careful Of “Hard Bargaining” ... Be Careful Not To Destroy The Relationship With The Other Side. ... Recognize The Other Side's Perceptions & Emotions. ... Take Control Of Your Own Emotions.More items...

What to consider before getting a divorce?

17 Things To Consider Before Asking for a DivorceWhy Do I Want It? ... Do I Still Love My Partner? ... Am I Rational or Emotional? ... Am I Reasonable? ... Have I Made My Feelings Clear? ... Is There Anything My Partner Can Do to Change the Situation? ... Have I Tried Everything I could? ... Is This the State or a Stage?More items...

What to do before telling spouse you want 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...

Attorneys Should Make Their Clients Feel Comfortable

Many, though not all, divorcing clients experience a varietyof emotions when their marriage ends, such as fear, anger, hurt, anxiety oreven depress...

Clients Should Make Sure Their Attorneys Are Competent

If you’re going through a divorce and working with anattorney, make sure the attorney you’ve chosen to speak with is experienced andcompetent. Befo...

What Should Happen at The First Meeting?

This will depend on what’s happening in the divorce case. In some cases, divorce papers have already been filed, while in other cases, the spousesh...

Is The Meeting Confidential?

Yes. Sometimes, spouses aren’t completely sure that theywant a divorce, but want to know what they can expect if they go forward. Allattorney-clien...

What to expect during a divorce consultation?

The subjects discussed during your consultation will depend on how far along you are in your divorce. Some clients are eager to file for divorce immediately, while others are still unsure if a divorce is right for them and just want some information about their legal rights.

Can an attorney meet with you privately?

An attorney will meet with you privately or may ask your permission to have an assistant sit in on the meeting. Anything you tell your attorney or the assistant will be kept private due to the "attorney-client privilege," and as a result, you don't have to worry about your spouse finding out what you discussed.

Is the Meeting Confidential?

The meeting with your prospective attorney will be completely confidential. An attorney will meet with you privately or may ask your permission to have an assistant sit in on the meeting. Anything you tell your attorney or the assistant will be kept private due to the "attorney-client privilege," and as a result, you don't have to worry about your spouse finding out what you discussed.

What happens at your first meeting with a lawyer?

Once you have a contract, you'll schedule your first meeting with your lawyer. What happens at your first meeting depends on what's happening in your divorce case. In some cases, clients hire lawyers after filing for divorce (or receiving divorce papers).

What is a lawyer's job for a divorce?

Typically, a client comes in with general questions about an impending or recently-filed divorce. Most lawyers will review the various divorce processes available (collaborative law , divorce mediation, or litigation) and describe the steps for each. From there, you and your lawyer can decide what steps to take next.

Is the Meeting Confidential?

Yes. Sometimes, spouses aren't completely sure that they want a divorce but want to know what they can expect if they go forward. The law protects all attorney-client communications, and a client's right to privacy is absolute, so divorce clients shouldn't have to worry about their spouses finding out.

What should an attorney do?

Because the attorney depends on the accuracy of the information you provide, it's important to answer the attorney's questions and questionnaires honestly and completely. An attorney should try to understand the client's psychological and financial situation to make any necessary referrals to psychotherapists, divorce coaches, estate attorneys, or financial planners for specialized advice.

What are the emotions of a divorce?

Many, though not all, divorcing clients experience various emotions when their marriage ends, such as fear, anger, hurt, anxiety, or even depression. They may have to endure constant conflict at home; they may be losing sleep or have deep concerns about how their children will handle the impending divorce news.

What are the issues in divorce?

Review relevant divorce-related issues 1 custody of any minor children 2 child support 3 alimony —whether either spouse should pay and if so, how much and for how long, and 4 division of property and debts.

Is divorce at its best?

As a result of the emotions surrounding a breakup, divorce clients are not generally at their best . Attorneys need to keep this in mind as they approach the first client meeting. Lawyers should try to make their divorce clients as comfortable as possible, which may require the following:

Can a divorce lawyer represent you?

If the lawyer or the lawyer's firm has represented or consulted with anyone on the other side of the case, he or she may have a conflict and may not be able to represent you. If you have spoken with a divorce attorney about your matter, that attorney may be prevented to talking to your spouse about your matter.

Can a divorce lawyer tell you the outcome of a divorce in Michigan?

A divorce attorney that does not tell you the POTENTIAL outcomes of the above is either too inexperienced or is afraid to tell you the truth, especially if it is a type of outcome that might not work in your favor. However, you need to be concerned if a Michigan divorce lawyer GUARANTEES you a specific result.

What to do if a lawyer is not comfortable working your case?

Are they comfortable working your case? If they are not, you can move on to the next lawyer.

What evidence is needed to file for a fault based divorce?

In that case, any evidence such as pictures, videos, messages, social media posts, and other supporting documents that will help prove your case are important.

How to prepare yourself for a prenuptial agreement?

To best prepare yourself to discuss your situation, you should know information about income and bank account balances. Your attorney will want to find out of you have a prenuptial agreement. Also, do you or your spouse have premarital assets, and has anyone of you received an inheritance while you both married? The attorney will use the information you give, so they provide you with guidance. Depending on the specifics of your case, your attorney will tell you if you need a witness or witnesses.

How long do you have to bring pay stubs to divorce?

At least bring with you pay stubs worth three months.

What are alternative dispute resolutions?

Other forms of alternative dispute resolutions aside from traditional litigation are the collaborative divorce process, also known as arbitration and mediation. Experienced divorce attorneys will give you information on how long traditional litigation will take if pursued and court procedures involving the process.

What happens if you don't bring information to a consultation?

Even if you do not bring the information with you to the consultation, you will still have to produce the documents eventually for the process to move quickly. Here are some of the documents that you should bring.

Are Meetings With Lawyers Confidential?

Most potential clients who go to an initial divorce consultation are not sure if they want a divorce. Potential clients want to understand what to expect if they choose to go ahead with the process. The law protects attorney-client communication. This means that the client’s right to privacy is well defined and should be preserved.

What to do if you have been keeping a calendar of events?

Calendars/Journals. If you’ve been keeping a calendar of events or journaling, you should consider bringing those to help jog your memory about timeline and events. Inflammatory Documents. Don’t hold back from your attorney.

What is the purpose of texting your spouse?

It gives the attorney a sense of how you and your spouse or co-parent communicate, and it gives your attorney an opportunity to coach you through good and bad responses.

What is an intake form for family law?

Most family law lawyers have an intake form that gives them a snapshot of the issues and your goals, and gives them important details about you and your family. At McCabe Russell, we don’t require you to fill it out our intake form advance, but if you can, it helps us move forward. Agreements.

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Interviewing Divorce Attorneys

How Should I Prepare For The First Meeting?

  • Your first meeting or consultation will probably take place at the attorney’s office. Most divorce attorneys will tell you what to bring to your meeting. If not, bring any documents you feel are important to your case. Try to stay calm and not worry too much about this first meeting; think of it as an interview – a way for you to decide if this is ...
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Is The Meeting Confidential?

  • The meeting with your prospective attorney will be completely confidential. An attorney will meet with you privately or may ask your permission to have an assistant sit in on the meeting. Anything you tell your attorney or the assistant will be kept private due to the "attorney-client privilege," and as a result, you don't have to worry about your spouse finding out what you discussed.
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What to Expect During The Consultation

  • The subjects discussed during your consultation will depend on how far along you are in your divorce. Some clients are eager to file for divorce immediately, while others are still unsure if a divorce is right for them and just want some information about their legal rights. Or, your spouse may have served you with divorce papers, so you may need to file a response quickly. A good att…
See more on lawyers.com