what to take to attorney for divorce

by Brooke Kunde 4 min read

Before the divorce process begins, your attorney will need information about your marriage and the official documentation attached to it. These will include income tax returns and proof of income related to marital debt, assets, property valuations, etc. Attorneys want documents because dry ink doesn't lie.

Full Answer

What should I bring to my divorce attorney’s office?

Remember the military adage, “Proper Planning and Preparation Prevents Piss Poor Performance.” While the documents can seem personal, you should feel comfortable enough with your divorce lawyer that you are comfortable sharing – it will help you and your attorney be ready. Here are some of the most useful documents you can bring: Intake Form.

How do I choose a divorce attorney?

A lot goes into choosing a divorce attorney. It is wise to interview three attorneys before you decide which to hire. During the interview process, you can learn about the attorney’s experience, their fees, and get a feel for whether or not you think the two of you could have a good working relationship.

How do I go through a divorce without a lawyer?

The legal issues involved in a divorce are numerous and complex, which is why it can be daunting to go through a divorce without legal representation. Contact a local divorce attorney who can answer any questions and help guide you through the divorce process.

What to do if your spouse is served with divorce papers?

If you and your spouse have a shared file of paper records in your home, make copies of everything before meeting with your attorney. It’s also smart to obtain records of your shared online accounts. Not all spouses react well to being served with divorce papers, and some will make it difficult to access documents after you’ve filed.

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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.

Who is Heather from the law firm?

Heather is the firm’s managing partner and divorce law guru. Heather knows all the ins and outs of divorce in Maryland and DC, and she knows exactly what to do to put her clients in a position to accomplish their goals.

Do you need a mortgage statement and a copy of deed?

Mortgage Statement and/or Copy of Deed. It’s not uncommon for clients not to know what is owing on their own mortgage or even whether they are on the mortgage. Bringing a mortgage statement and a copy of the deed can help your lawyer determine the answers to these important questions.

Why is it important to provide a complete and organized file with all documents to your attorney?

It’s important that you provide a complete and very organized file with all documents to your attorney, which will help the negotiation stage of the divorce. "Divorce is one of the greatest upheavals you will ever experience in your life," says former divorce lawyer Brette Sember. "Because the process is so overwhelming, ...

What documents are needed for real estate?

Documents Related to Real Estate 1 Any documents showing the legal description of any real estate owned together or separately. These can be obtained from your mortgage company or bank. 2 Your current mortgage statements on any mortgages you have on real estate property. 3 All documents pertaining to the initial purchase of the real estate. 4 If the real estate has been refinanced, all documents pertaining to the refinance. 5 Tax assessor’s statement (s) pertaining to any and all real estate.

Do you have to disclose debts during divorce?

"All debts entered into during the marriage must be disclosed as part of financial disclosure ," explains Sember. "The court will determine which are marital debts and divide them as part of the divorce ."

Do you have to disclose assets in a divorce?

Similar to income statements, the court needs documentation of all financial accounts, both separate and joint. "Both parties have to completely disclose their assets ," asserts Sember. "Any account opened or contributed to during the marriage is potentially marital property and must be assessed."

Can a divorce court prove truthfulness?

Your spouse might make claims to a mediator or in divorce court, but documents can prove whether they are being truthful. So, you need to provide any documents that tell the story of what has happened in your marriage financially and in any other way.

Why do you need a divorce attorney?

Your divorce attorney is the person that can protect your rights and assets so that you can start the next chapter of your life with the resources you need. Hiring the right divorce attorney can significantly reduce the time, cost, and emotional stress associated with divorce litigation.

What is included in divorce attorney fees?

Some high-profile divorce attorney firms include access to extra services in their fee, including financial experts, forensic appraisers, and counselors.

What should an attorney have in court?

Even if you are hoping to avoid going to court, your ideal attorney should have a good track record in court. An attorney’s trial record and history of success in court is often a major factor which influences your spouse and their attorney to settle amicably rather than drag things through court. 2. Fee Structure.

What is the most contentious aspect of divorce?

Dividing up property a couple has acquired throughout their marriage (also known as marital property) can be one of the most contentious aspects of divorce. Luckily, divorce attorneys can help alleviate some of your legal and financial stresses by advocating for a division of property that works in your favor.

Is divorce exhaustive?

As you can see, the above list extensive -- yet, it is not exhaustive. Every divorce is different since every couple enters and leaves a marriage under different circumstances and with different assets. Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all ...

Is it a good idea to have an open and frank conversation with your attorney regarding all of the property?

Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all of the property and assets relevant to your case.

How to prepare for divorce?

2. Prepare your Income and Expense Declaration. The Income and Expense Declaration is the other document included in the Declaration of Disclosure. The IED includes the party’s income, expenses, and must include recent pay stubs of the person filling out the form. 3. Prepare a list of questions you want to ask the divorce lawyer.

What is the most important document in a divorce in California?

The Schedule of Assets and Debts is one of the most important documents in any California divorce case. Every party in every divorce case in California has to complete this form before their dissolution of marriage will be granted by the court.

How to contact divorce attorney in Irvine?

If you have an initial consultation with our divorce law office in Irvine, feel free to call us in advance at (949) 955-9155 and we will email the form to you. 8. Information about the other party.

Why do you need an extra copy of a divorce decree?

Documents and evidence that might be important. Often times dissolution of marriage cases are filed because one or both spouses were not acting properly toward the other party or the children of the marriage.

What to bring to a family meeting?

As a reminder for yourself during your meeting, bring a bullet-point list of important facts about you, your family and children. This list will sort of act like a statistical analysis about your family. The list should include the date of marriage, children’s names and birthdays, and other like information.

What to learn during an attorney interview?

During the interview process, you can learn about the attorney’s experience, their fees, and get a feel for whether or not you think the two of you could have a good working relationship. Once you’ve made your decision, your attorney will need information from you in order to get the ball rolling and the divorce process started.

What are the marital problems that led to divorce?

A list of the marital problems that led to the divorce if they involve alcohol or drug abuse, religious differences, infidelity, sexual incompatibility, or domestic abuse.

How to deal with divorce emotionally?

If you have the financial means, it can help to speak with a therapist or other mental health professional. At the very least, speak with friends who have been through divorce. Let your family and friends know that you’ll be leaning on them for advice and moral support. Being emotionally stable will better prepare you to make smart decisions as your divorce progresses.

How to decide on financial goals for divorce?

You can’t decide your financial goals for your divorce without having an accurate picture of your assets and debts. While it’s not usually necessary to hire an accountant prior to filing for divorce, it’s a good idea to put together a simple balance sheet showing all of your assets and debts. Include real property, cars, retirement accounts, bank accounts and other assets, as well as any mortgages, notes, credit cards, and other debts. This can give you an idea of what you and your spouse will split, and you can start working on your desired division of the marital estate. Determining your total assets can also help you set a budget for how much to spend on your attorney and the divorce litigation.

What does a divorce decree mean?

In most jurisdictions, the judge automatically issues an order at the beginning of your divorce case that prohibits you or your spouse from selling, buying, or otherwise encumbering or disposing of any marital property. Courts do this to prevent either spouse from draining the bank accounts, or dissipating the marital estate out of spite.

What should be included in a marital estate?

Include real property, cars, retirement accounts, bank accounts and other assets, as well as any mortgages, notes, credit cards, and other debts. This can give you an idea of what you and your spouse will split, and you can start working on your desired division of the marital estate.

Is there more to filing for divorce than submitting a complaint?

There’s more to filing for divorce than simply submitting your complaint to the court. Following these ten tips will help you achieve a better outcome in your divorce.

Can you get custody of your children if you divorce?

If you have children, their custody situation is probably at the forefront of your mind when getting a divorce. You should know that, absent extreme circumstances, you and your spouse will end up sharing custody of the children. It’s a good idea to sit down and carefully review your work schedule, your children’s schedule, and your other obligations and come up with your desired schedule for custody. If you can come up with a arrangement that gives both you and your spouse time with the children, you’ll be leaps and bounds ahead of most people who file for divorce.

Can a divorce be granted if only one spouse wants to end the marriage?

The court can grant a divorce even if only one spouse wants to end the marriage. If you’d still like to give marital counseling a try, do so before you file for divorce.

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