Questions for a Divorce Consultation

It is essential to prepare yourself for your divorce consultation. Initially, you should prepare emotionally. Be prepared to discuss things that are deeply personal, which you may not be accustomed to going over with others. This is particularly applicable when you are having marital or familial problems. Know that it is all right to reveal anger, aggravation, and pain, and that it is all right to weep. Acknowledging these feelings before starting will help the consultation go more smoothly for you.

As soon as you have actually prepared yourself emotionally, prepare yourself intellectually as well by thinking about the questions your attorney will ask you as well as any questions you might wish to prepare ahead of time to ask in return.

Questions Your Attorney Will Ask You

Throughout your preliminary interview with a divorce attorney, expect that the lawyer will provide you with an introduction of exactly what to expect relative to a minimum of the following 5 problems: (1) the divorce procedure, (2) matters regarding any small kids of the marital relationship, (3) division of your possessions and liabilities, (4) assistance (both kid support and spousal assistance), and (5) the associated attorneys' charges and expenses. In order to be able to deal with these five main issues for you and to supply you with a possible gameplan, it will be essential for the lawyer to make a significant inquiry into all sorts of matters. Some of the concerns will be basic info research, but a lot will refer to minor kids, finances, and individual matters such as any precipitating behaviors that led to the divorce.

Know that when responding to these concerns the attorney-client privilege is in effect, meaning anything you share with the attorney will not, and can not, be repeated to anybody without your express permission. With that understanding, it is essential that you inform the lawyer the truth and supply all the associated information. The quality of the suggestions you get will be related to the candor with which you answer the attorney's questions.

Concerns You Should Ask Your Attorney

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

It's one thing to have "dealt with" divorce cases, and quite another to have really taken cases to trial. Most cases settle, and better lawyers at settling cases so that litigating is not essential. Some lawyers nevertheless are hesitant to take any case to trial.

While you may be confident your case will settle, it is smart to consider a divorce attorney who has an excellent balance of trial experience while remaining a supporter of settlement. You do not want a divorce attorney who takes every case to court due to the fact that it shows that they may be unreasonable, may not understand the law, or might be too interested in gathering legal fees. However, having 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 protect myself?

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

For example, failure to pay suitable child support (at standard levels) or short-lived spousal support (PSS) increases the opportunities of you being bought to pay your partner's lawyer costs which can be a little fortune. A divorce attorney will not have the ability to give you precise figures at an initial assessment due to the absence of details about your case, however they must be able to make you knowledgeable about the danger and potential commitment and provide you some support.

In many cases, restraining orders can be acquired to stop a partner from costs or hiding cash and possessions as well. A great divorce attorney can help you minimize your threats and secure your financial future.

3. What can I do to make this simpler on everyone included?

In order to get the most out of your relationship with your lawyer, it is finest that you get involved in a collective method with them. Attempt to be as organized as possible because it remains in this way that you can enable your lawyer to be proactive and not reactive to your spouse's attorney throughout proceedings. By being prepared throughout the proceedings, your attorney can concentrate on truly advocating for you, as they will have a toolbox filled with all the pertinent details you have supplied them with.

Lastly, a good lawyer will have suggestions to provide on ways to deal with the case smoothly. They can supply training, suggest family counselors or therapists, and otherwise supply help beyond the courtroom. Bring the topic up. Make the most of their experience.

About the Author

Stacey Schmidt is lead counsel of the divorce and family lawteam 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.