10 QUESTIONS TO ASK AN ATTORNEY
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The Do’s and Don’ts of Divorce
10 QUESTIONS TO ASK AN ATTORNEY
Below are questions that can help you gain comprehensive understanding of the divorce process and help you make informed decisions.:
1. What are the grounds for divorce in my state? Am I in a No-Fault state?
- Helps you to understand the legal reasons required to file for divorce in your jurisdiction.
- No-Fault divorce: by definition means that a spouse can seek or petition for divorce for ANY reason even if abuse or infidelity is involved. There is no requirement to have proof of ANY wrongdoing.
FORBES has more info on defining the difference between No-Fault and Fault divorce
FORBES also has information on DIVORCE WITH KIDS which can be a longer process due to matters of contention or concerns over custody and child support
2. What is the divorce process like from start to finish?
- Helps you gain a clear picture of the steps involved, including filing, serving papers, response times, and court appearances (if applicable).
3. How is property divided in a divorce for my state?
- Helps in learning about the state's laws on property division, including marital vs. separate property.
- Community Property vs. Equitable Distribution
4. What factors determine child custody and visitation?
- Helps you to understand how custody decisions are made and what factors influence visitation rights.
5. How is child support calculated and enforced?
- Helps you get information on how child support amounts are determined and the methods used to enforce payment.
B. A second question to ask is what is the process to start/begin child support payments?
If temporary support was not started during the divorce process, ask how long after the divorce settlement or decree can you submit for payments.
- Helps you learn the step by step process for getting your child support payments going as quickly as possible.
6. How is alimony (spousal support or spousal maintenance) decided?
- Helps you to learn about eligibility, how amounts are determined, and the duration of spousal support.
7. What are my rights and obligations regarding debts incurred during the marriage?
- Helps you understand how marital debts are handled in a divorce.
8. How long will the divorce process take?
- Helps you get an estimate of the timeline based on the specifics of your case and the court's schedule.
9. What should I do to protect myself financially during the divorce process?
- Helps you seek advice on managing joint accounts, credit, and assets while the divorce is pending.
10. What are the costs associated with getting a divorce?
- Helps you learn about their attorney fees, court costs, and any other potential expenses.
BONUS QUESTION: Another thing to ask an attorney is what if anything are their expectations of you?
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By being as prepared as possible we hope you feel empowered in yourself and in your decision making.
YOU are a big part of your own process and success. Don’t forget to advocate for yourself!
Ask any and all questions! If you don’t ask you won’t know!
SCootable’s guide
on
Do’s and Don’ts of Divorce
Do’s of Divorce
1. Do Seek Legal Advice Early:
- Consult an attorney as soon as you consider divorce to understand your rights and obligations.
2. Do Keep Communication Civil:
- Maintain respectful communication with your spouse, especially if children are involved.
3. Do Protect Your Finances:
- Close or separate joint accounts, monitor your credit report, and keep detailed records of all financial transactions.
4. Do Focus on the Well-being of Your Children:
- Prioritize the emotional and physical needs of your children, keeping them out of disputes.
5. Do Follow Court Orders:
- Adhere strictly to any temporary or permanent court orders regarding custody, support, and property.
6. Do Gather and Organize Financial Documents:
- Compile records of income, expenses, assets, and debts. These will be essential in the division of property and determination of support.
7. Do Consider Mediation or Collaborative Divorce:
- Explore less adversarial alternatives to litigation, which can be quicker, less expensive, and less stressful.
8. Do Take Care of Yourself:
- Divorce is emotionally taxing. Seek support from those you trust: family, friends, or a therapist.
9. Do Plan for Your Future:
- Start thinking about your post-divorce life, including housing, employment, and budgeting.
10. Do Be Honest with Your Attorney:
- Provide complete and accurate information to your attorney to ensure the best possible representation of your current state of affairs.
Don’ts of Divorce
1. Don’t Make Impulsive Decisions:
- Avoid making hasty decisions out of anger or frustration. Think through the long-term consequences.
2. Don’t Hide Assets:
- Attempting to conceal assets can lead to serious legal repercussions and damage your credibility in court.
3. Don’t Use Your Children as Leverage:
- Never manipulate or involve your children in disputes with your spouse.
4. Don’t Ignore Court Orders:
- Disregarding court orders can result in legal penalties, including fines or jail time
5. Don’t Badmouth Your Spouse:
- Refrain from speaking negatively about your spouse, especially in front of your children or on social media
6. Don’t Move Out Without a Plan:
- Leaving the marital home can have legal and financial implications. Discuss with your attorney before making any moves.
7. Don’t Post About Your Divorce on Social Media:
- Anything you post online can be used against you in court. Be cautious about what you share.
8. Don’t Rush Into a New Relationship:
- Jumping into a new relationship during divorce can complicate the process and affect legal proceedings
9. Don’t Refuse to Compromise:
- Being inflexible can prolong the divorce and increase costs. Be open to negotiation where possible.
10. Don’t Neglect Your Mental Health:
- Divorce can be emotionally draining. Seek professional help or confide in trusted loved ones or friends if you're struggling to cope.
Following these guidelines may help you navigate the divorce process more manageably and reduce unnecessary complications.
Note: These guidelines provide general information and should not be considered legal advice.
Divorce can have significant emotional, financial, and legal implications.
We encourage all individuals to seek guidance from qualified attorneys, licensed mental health professionals, legal advisors, counsel or financial experts as needed.