Questions for Your Divorce Consultation

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It is necessary to prepare yourself for your divorce consultation. First, you ought to prepare psychologically. Be prepared to go over things that are extremely individual, which you might not be accustomed to discussing with others. This is specifically applicable when you are having marital or familial troubles. Know that it is fine to reveal anger, aggravation, and pain, and that it is okay to weep. Acknowledging these emotions prior to starting will help the consultation go more smoothly for you.

When you have prepared yourself psychologically, prepare yourself mentally as well by thinking about what your lawyer will ask you in addition to any concerns you might want to prepare ahead of time to ask in return.

Questions Your Attorney Will Ask You

Throughout your initial interview with a divorce attorney, anticipate that the attorney will supply you with an overview of what to anticipate relative to at least the following 5 issues: (1) the divorce process, (2) matters regarding any small kids of the marriage, (3) splitting up your assets and liabilities, (4) support (both kid support and spousal assistance), and (5) the related attorneys’ fees and costs. In order to be able to deal with these 5 primary issues for you and to provide you with a potential gameplan, it will be required for the attorney to make substantial inquiries into all sorts of matters. Some of the concerns will be standard info research, but many will refer to small children, finances, and personal matters such as any initiating actions that led to the divorce.

Know that when addressing these questions the attorney-client privilege is in place, meaning anything you tell the lawyer will not, and can not, be repeated to anybody without your express permission. With that understanding, it is imperative that you inform the attorney the truth and provide all the related details. The quality of the suggestions you receive will be proportional to the truthfulness with which you address the lawyer’s questions.

Concerns You Must Bring Up With Your Attorney

1. The number of cases of this type have you required to trial?

It’s one thing to have “dealt with” divorce cases, and quite another to have actually taken cases to trial. Most cases settle, and the best attorneys are excellent at settling cases so that going to court is not essential. Some attorneys nevertheless are hesitant to take any case to trial.

While you may be positive your case will settle, it is a good idea to consider a divorce attorney who has a good balance of trial experience while staying a supporter of settlement. You do not desire a divorce attorney who takes every case to court since it demonstrates that they may be unreasonable, may unknown the law, or might be too interested in gathering legal costs. However, having actually taken cases to trial shows your attorney is well-informed about the law in theory and practice as you can not “phony” your method through family law in a court.

2. Exactly what should I be doing now to secure myself?

Prior to you leave that office, ensure you have discussed exactly what you must be doing until the next action step in your case. Should you be paying child support or spousal support (PSS)? How should you handle joint credit accounts or financial accounts? Immediate common sense actions can save you numerous difficulties as well as saving you a significant amount of money in many situations.

For instance, failure to pay appropriate kid assistance (at standard levels) or short-term spousal support (PSS) increases the opportunities of you being ordered to pay your spouse’s lawyer fees which can be a little fortune. A divorce legal representative will not be able to provide you specific figures at an initial assessment due to the absence of information about your case, however they should be able to make you aware of the risk and prospective commitment and offer you some support.

In some cases, limiting orders can be obtained to stop a spouse from spending or concealing cash and assets too. A good divorce attorney can assist you minimize your dangers and secure your financial future.

3. What can I do to make this easier on everyone involved?

In order to get the most out of your relationship with your attorney, it is finest that you take part in a collaborative method with them. Attempt to be as organized as possible since it is in this way that you can enable your attorney to be proactive and not reactive to your spouse’s lawyer during proceedings. By being prepared throughout the procedures, your legal representative can concentrate on really advocating for you, as they will have a toolbox filled with all the appropriate details you have offered them with.

Lastly, a good lawyer will have recommendations to offer on ways to deal with the case efficiently. They can offer coaching, advise family counselors or therapists, and otherwise provide aid beyond the courtroom. Bring the topic up. Take advantage of their experience.

About the Author

Stacey Schmidt is lead counsel of the divorce and family law team at Schmidt and Gladstone. She received her education at Brigham Young University graduating with her Bachelor’s Degree in Political Science in 1989, and continuing on to the J Reuben Clark Law School at Brigham Young for her Juris Doctorate Degree in 1992.

September 13, 2016 |

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