United States: Taking That First Step. What To Do When A Divorce Is Imminent.

Divorce can be a frightening experience and taking that first step is sometimes difficult. First, find a law firm that handles divorces as a regular part of its law practice. The best recommendations come from people who have knowledge of a lawyer's experience and reputation. Take your time in choosing a lawyer that is right for your case. This is one of the most important decisions you will make with respect to your divorce. Find an attorney you are comfortable discussing your case with as the attorney will likely learn more about your life than is known or shared with even close friends and family. Having a comfort level that this is a person you can speak with freely, who understands your situation, and who will completely represent you is important. State bar associations often have a list of attorneys who have been certified as specialists in family law if you need to obtain names of potential lawyers in the area of family law.

Even if you are not ready to file for divorce, you may find it helpful to call and schedule an appointment with a lawyer to obtain basic information about protecting yourself and your children. Many times these initial consultations are to simply explore the process so you know what to expect, especially if you believe your spouse is planning on filing for divorce.

Ask what documents you should bring to your initial consultation. Write down specific questions to ask the attorney. By making a list of your questions to bring to your first meeting you will avoid leaving the office and forgetting to ask one of your questions. In addition to specific questions unique to your circumstances, your questions should include: the attorneys' approach to dividing assets, whether your case will involve a claim for spousal support, what you can expect in terms of a time-line, the attorneys' form of communication with clients, the amount of retainer required to start the case, whether the attorney has the time necessary to devote to your case.

Below is a list of questions you may wish to ask your attorney:

  1. What is your particular experience in family law, and in handling this type of situation in particular?
  2. Do you work evenings and weekends? If something occurs of importance over the weekend, what if your policy for addressing those issues?
  3. Will you personally be handling my case or will other lawyers or paralegals be assisting?
  4. What is the best way to communicate with you? (Telephone? E-mail?) How do you charge for each?
  5. Do you have a policy on how long before you return a telephone call?
  6. How many times do you expect that we will need to meet in person? Under what circumstances will we need to meet in person?
  7. What is the specific divorce process and how long do you expect it to take?
  8. What is likely cost? (This will be a difficult question for your lawyer to answer. Be wary if you are given a specific cost since so many variables exist which are unknown at the initial consultation. However, the lawyer may be able to give you an idea of what similar cases have cost, or the potential range of costs depending on whether the action is contested, settled, or litigated).
  9. Will there be a need to hire other individuals to assist with the divorce such as financial planners, valuation experts, forensic accountants, vocational evaluators? If so, what are the likely expenses for these individuals?
  10. If I do not have access to obtain all the financial information, how will the information be obtained?
  11. Based upon the situation that I have explained, what do you see as the most challenging aspects of my case? How do you believe these challenges should be handled? What is the likely outcome?
  12. Is this a potential case that may be good for mediation or some other dispute resolution process? Why or why not?
  13. Are there any steps now that I should take to protect myself financially?
  14. What are the first steps you would take if I were to retain you?

The lawyer you are considering may not have answers to every question, and rarely can they predict so early in the case what the likely outcome will be. The point of asking the questions though is not to necessarily obtain precise answers, but to find out if the lawyer you are consulting with is someone you feel will be able to represent your best interests in a way that is satisfactory to you.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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