Going through a divorce is never an easy task. However, sometimes, it is something that has to be done. The first thing that you have to do, if you are thinking about this process, is to hire a lawyer. Spilling out your guts to a stranger probably seems even more traumatizing.
How can you be completely honest about personal issues with a person you have never met? Still, in order to ensure that everything concludes and goes smoothly, this is something that you have to do. In this article, we are going to tell you about some questions that a divorce attorney is going to ask you and what kind of information you have to share with them.
Do you really want a divorce?
This seems like a ridiculous question to many people. Why would you even hire a divorce lawyer if you do not want to separate from your spouse? Well, you would be surprised how many people aren’t sure whether this is the right step and are secretly hoping that they will reconcile with their partner. Due to this reason, this is the initial thing that every professional asks their clients.
Secondly, a good divorce attorney such as rightlawyers.com will ask why you want to go file a divorce. You don’t really need a reason because most states are a no-fault divorce. You can ask for a divorce because for any reason. The reason the answer to this question is important is because you attorney is going to want to know if you are up for the rigors of a divorce. A divorce can be costly and time consuming. Knowing this is really what you want and why is important.
Have you signed an agreement?
Have you signed any agreements that might make the divorce harder or simpler? Divorces are controlled by state law. Some states are community property states and others are not. And you might sign an agreement that is contrary to your state’s laws. The agreement is usually a pre-nuptial agreement, a post-nuptial agreement or even a legal separation agreement. This agreement usually dictates how you are going to share the property, debts, and incomes.
You should share details about your marriage. Some facts will not affect your divorce. Some will change the outcome. This is called a chronology. You can start with how the two of you met, when got married, where you lived, how many children you have, what homes you have bought and sold, jobs you have both worked at, and whether anyone has had an affair. These facts can sometimes make a difference.
Our advice is to write down a chronological list of all crucial events from your life together. This way, a lawyer will have a clear image of your history, and they will be able to choose the right course of action.
Disclose all assets and debts
Your lawyer needs to know about every asset and debt you have. If you do not disclose all this information and try to hide something you risk losing it. Lawyers do much better knowing all the details instead of being surprised.
The law of dividing assets varies between the states. Give your attorney a complete list of assets and debts and let them share how the state law will divide them.
Gifts and Loans
Have you received any gifts or loans from family members? In a community property state gifts might be separate property. Separate property is not divided. And loans from family members may be a debt you and your spouse need to pay back.
Do you want spousal support?
This is crucial information that you should share at your first meeting with an attorney. When it comes to requesting support, you need to include it in your original filed documents. If you don’t request something you may not be able to request it in the future. Plus, there are often two types of support; long term after the divorce, and short term during the divorce. Your attorney needs to request both right away to protect your right for support.
What are your custody goals? Most states have two types of custody: legal and physical. Legal custody involves medical decisions and decisions on schooling. Physical custody involves who the child spends their time with. Your attorney will want to know your custody goals. Mainly what days of custody would you like to have.