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Attorneys' Perspective: Your Legal Advice for the Real World

Expect these Questions from a Divorce Attorney

Expect these Questions from a Divorce Attorney

If you have decided to file for a divorce, you will need to go to an initial consultation with a divorce attorney to discuss your situation.

During this consultation, it’s essential to give as many details as possible so the attorney can recommend the best course of action for you.

If you’re wondering what questions you can expect from a divorce attorney, today’s post is for you. When you have an idea of what questions to expect, you will be able to provide more concrete and reliable information to help establish your case.

You can also make sure you can prepare and gather the necessary information about your circumstances – whether you are filing for divorce or modifying it – so you can make the most out of your initial divorce consultation.

A Divorce Attorney Will Ask the Following:

Do you have children?

A divorce attorney can make a common law divorce easier for both parties involved.

Children (under the age of 18) needs stability and a nurturing environment as they.

If you share children with your spouse, establishing a parenting a plan is one of the essential items you need to determine in your case.

Agreeing on custody and child support terms can get stressful, complicated, and highly emotional, not just for you and your ex, but also for your children.

For this very reason, the divorce attorney will need to know exactly what your preferences are as a parent. This way, you can work out a legal plan that meets those needs.

How long have you been separated?

If you and your husband or wife were separated prior to you filing for divorce, the attorney would need to know its details.

Separating prior to an official divorce ruling, also referred to as an informal separation, may not necessarily impact your divorce case. On the other hand, a legal separation could significantly affect it the way your case will be handled.

For instance, the legal separation will most likely have included terms about child custody, visitation, property division, alimony, and other pertinent details.

What caused your separation?

Even if you live in a no-fault divorce jurisdiction, the reason for while you are filing for divorce may still affect your case’s ruling.

The lawyer will need to know the fundamental reason why you are filing for divorce. Have you or your spouse wronged each other? Does it have anything to do with domestic violence or your marital finances?

If you or your ex was ever abusive, you may be owed financial compensation that will be include in the alimony. It can also be in the form of additional assets that will go to you as you go through the property division process in the divorce proceeding.

A divorce attorney will ask what caused the separation.

The attorney will also need to know if either your former spouse ever spent a significant amount of your marital funds for your own selfish benefit – whether it’s due to an affair, an addiction, a gambling problem, or other expenses that caused harm to your marriage. You could be entitled to more compensation if this is the case.

If you share all this essential information with your attorney, he or she can come up with a concrete legal plan to advocate on your behalf.

What is your current living situation?

No two divorcing couples are alike. Many have already separated before filing for divorce. Before you make any official decisions, the attorney will need to know what your living arrangements. It’s also important to decide where the marital home will go if you own one.

Key Takeaway

These are just some of the basic questions you can expect from a divorce attorney during your initial consultation. It helps to be prepared so you can establish your case and get the most out of your meeting.

As a Family and Divorce Lawyer practicing for more than 30 years, I sometimes handle other types of cases for longstanding clientele. I’ve been happily married to my college sweetheart for over 36 years. Together we have 6 grown children and 9 grandchildren that make our world go round.