Key Questions to Ask Your Divorce Lawyer

During a divorce, there are many important decisions that must be made. One of the most important is choosing the right lawyer to represent you. Here are some key questions to ask your divorce lawyer to help you make the best decision for your situation.

What is the process of divorce in your state/jurisdiction?

In my state/jurisdiction, divorce is a legal process which typically involves getting help from a divorce lawyer. The divorce lawyer helps in guiding the individual through the divorce process and can provide information about the divorce laws that apply to their particular situation. In addition, filing for divorce requires various documents and forms to be completed. Depending on the jurisdiction, these documents may include financial disclosures, parenting plans, and an affidavit of grounds for divorce.

How long will the divorce process take from start to finish?

The duration of the divorce process varies significantly depending on a number of factors. It is impossible to predict the exact length with any certainty, as each situation is unique. In some cases it can take months for the entire proceedings to be finalized and all paperwork to be processed, while in others it can take years if issues need to be resolved first or if there are complicating factors involved. No matter how long you expect it to take, it’s important to stay focused on the end goals and work through any disputes and disagreements as quickly and amicably as possible. Generally speaking, preventing delays in the process will help ensure a quicker resolution.

How much will it cost to get divorced?

Divorcing can be a financially and emotionally expensive process. Although the exact cost will depend on the specifics of your situation, it’s likely that hiring an attorney and filing fees will be some of the major expenses to consider. Other potential costs include professionals hired to valuate assets, court appearances, child support obligations, and establishing new accounts or renting a new residence. Taking steps to keep costs manageable is possible if you are prepared to focus on facts rather than emotions and take the time to research relevant legal matters in advance.

What are the grounds for divorce in your state/jurisdiction, and do they apply to my situation?

Understanding the laws for divorce within your state or jurisdiction can be a complex process. It’s important to research and comprehend the process to ensure you know what you’re eligible for and what options are available to you. Generally, grounds for divorce include adultery, abandonment, imprisonment, habitual intoxication and extreme cruelty. However, some states also offer no-fault divorce based on either mutual consent of the spouses or a certain period of separation from one another. It’s best to research your specific state laws so that you understand how these grounds may apply in your own situation. Doing this will give you a good starting point as you move forward with the process.

What are my and my spouse’s rights and responsibilities during the divorce process?

As you navigate the divorce process, both parties have certain rights and responsibilities. On the behalf of both spouses, each party must disclose any financial information such as assets, debts, income, property and other related details required for the divorce proceedings as why would you get a legal separation instead of a divorce? Additionally, both of you need to be honest and cooperative during this process. When making decisions regarding property division or child custody arrangements, they should be done with respect to maturity and without reservation. Furthermore, each spouse has a responsibility to abide by the court’s decisions and signed agreements throughout the course of the divorce. There may be long-term repercussions if either spouse fails to fulfill their obligations or disregards court orders. It is your responsibility to protect yourself legally by understanding your rights and responsibilities during this time.

How will our property be divided during the divorce?

Knowing whom will retain ownership of what assets in a divorce is often the most challenging issue to agree upon. To protect your interests, it is important to start with a full and accurate asset disclosure before negotiating a fair division of property. It’s also wise to involve attorneys and/or mediators experienced in family law to guide and advise you through the process. To ensure that both parties are being treated equitably, you may want to consider having an independent appraiser who can provide an assessment of all properties on the table. Communication throughout the process is key so open dialogue with your soon-to-be ex-spouse should be encouraged.

Divorce can be a difficult and overwhelming process, but being knowledgeable about the process in your state/jurisdiction, obtaining legal support, and understanding your rights and responsibilities throughout can help make it easier.