After you hire an attorney- DivorceMeKnot.com

2023 Legal Guide Page

DIVORCE FACT The average marriage in the United States lasts 8.2 years. Couples in Italy more than double the United States marriage longevity with their marriages lasting on average over 18 years.

Details: DMK Editorial; Legal Guide; 22 January 2023; Hits: 1999

What to expect upon hiring your divorce attorney?

By now you have spoken with one or more attorneys regarding divorce. It's time to hire the attorney that you have determined is best to handle your case. Upon hiring your attorney, you will likely do the following:

Process of hiring an attorney and beginning your divorce case

Secure your attorney with a retainer.
Present your attorney with your spouse's attorney's name and contact information.
Prepare to discuss the reason for your divorce so that you attorney can advise you on the best way to proceed. This will also include understanding the differences between annulment, legal separation, separation and divorce.
Discuss if you and your spouse plan to reside in the same home while the divorce is pending. Verify the state requirements to include any required "waiting periods" and/or separation periods before or after filing and/or to proceed with divorce. Understand the living arrangements or requirements as recognized by the state as separation and/or it's constitution of "living apart" during said waiting period (specifically if you will NOT be maintaining two separate residences).
Discuss temporary custody, living situation, and financial support while the divorce is pending.
Verify the laws and divorce procedures of your state, discussed in your previous interview as they relate to your immediate circumstances and case including child support, alimony, maintenance, division of marital property, separate property and financial resources. Discuss potential court outcomes if you and your spouse are unable to come to terms outside of court.
Present your attorney with any custody and child support arrangements agreed upon in advance by you and your spouse. Otherwise present your attorney with your ideal child custody arrangement to include schedule of visitation & custody arrangements specific to holidays - weekends - summer break - vacations, who will be the primary caregiver & household, any special circumstances such as medical or education (to include tuition, if applicable), support expectations, etc.)
Verify the state property laws specific to each spouse's ownership rights as they pertain to your states process for division of marital assets.
Present any agreed upon asset allocation between you and your spouse and/or discuss your options pertaining to assets, debts, alimony and support as they pertain to your circumstances and case.
Present all documents and a detailed list pertaining to your pre-nuptial agreement (if applicable), assets (investments and respective values/balances to include but not limited to: home, property, stocks, bonds, 401K, IRA's, cash, certificates of deposit, checking and savings, life insurance, etc.), taxes, bank and/or investment account statements, debts and balances (specific to family debts and/or debt incurred prior to marriage and specified as such), household budget, both spouses income, insurance and appraisals of real or personal property. Ask if your attorney requires any further documents prior to filing and thereafter. Verify the state property laws specific to each spouses ownership rights as they pertain to your state's process for division of marital assets.
Present your inventory list of personal property to include: all furniture, household items, tools, electronics, jewelry, appliances and basically anything that is of value personally or financially. Bring appraisals, values and insurance documents related to these items, if applicable.
Get information related to requirements (i.e., child custody classes) necessary to complete prior to the divorce.

Negotiating with your spouse before hiring an attorney

The more you and your spouse already agreed upon prior to each hiring an attorney, the less legal expenses you will incur. It will also expedite the divorce. However, if your spouse is dangerous, unwilling to negotiate or likely to take advantage of pre-negotiations since you are unrepresented, then you should first seek legal representation for advice on how to proceed with negotiations.

Be ready to discuss your asset, support and custody arrangements that have been discussed and agreed upon with your spouse with your attorney upon hiring him/her. -OurDMK.com

IMAGES BY PIXABAY/RAWPIXEL

Disclaimer

The information provided by respective owner's ("we", "us" or "our) on Divorce Me Knot (referenced also as "DivorceMeKnot.com", "dmk", "DMK", "OurDMK.com", "OurDMK", "application" or "site") is for general informational purposes only and is subject to change with or without notice. All information on our site and application is provided in good faith, however we make no representation, guarantee or warranty of any kind, express or implied, regarding the accuracy, validity, adequacy, reliability, availability or completeness of any information on the site or application.

The information in articles and all content on this site should not be considered psychological or behavioral health therapy, counseling or legal, financial, real estate, mortgage, insurance or professional advice. It should not be used in place of professional advice from a counselor, therapist, physician, behavioral health professional, legal, real estate, mortgage, insurance, financial advisor or other licensed professional or credentialed expert in related subject matters. Providers of content on this site, herein known as "Contributors" (inclusive of, but not limited to writers, bloggers, editors, employees, developers, graphic designers, advertisers, partners, affiliates, references, experts, professionals and site owners) are not legally liable for any misinformation, errors or omissions.

Under no circumstances should DMK and/or it's Contributors have any liability to users of the site for any loss or damage incurred to users as a result of the use of this site or application or reliance of any information provided on the site or application. Use of the site or application and reliance on any information from the sight or application is solely at the user's own risk.

For complete site disclaimers review "Disclaimers" on this site or click the link below.

Read Complete Site Disclaimers Here

KNOT Fact

Most people find their attorneys online

Based on a professional survey of 1000 American consumers on the methods of searching for legal representation, the internet was the primary source to research and hire attorneys.

Accessed 3/2019 from 4/17/2014 FindLaw Survey, www.thomsonreuters.com

Attorney Written-Divorce Guide

Empowering Low- and Moderate Income Women to navigate the complicated, legal divorce journey.

Organize family & divorce documents

Legal Process Facts

1. Debts incurred during a marriage are usually considered marital debts.

2. Responsibility for marital debts is allocated according to the property division laws of the state.

3. If you earn a higher income and/or have lower living expenses the court may consider you to assume a higher portion of the marital debt.

4. Interrogatories are written questions the spouse must answer in writing, under oath.

5. Depositions are when a spouse or party must answer questions under oath before a court reporter.

6. Many times depositions are requested when there are suspected hidden assets.

7. When one spouse’s legal team requests the other spouse to produce documents like bank statements, tax returns, financial documents or otherwise it is known as a request or notice for the production of documents.

8. Subpoena orders a witness to appear before a court or at a deposition.

9. Requests for inspection is when a spouse is in possession of some asset or financial documentation relevant to the settlement and the other spouse has reason to review or otherwise inspect or have access to them.

10. Hiding assets can have criminal and civil consequences.

11. It is very expensive and complicated to appeal your Final Judgement of Divorce (Divorce Decree). There usually must be compelling circumstances specific to legal error, abuse of discretion and/or fraud. Most have a low chance of success. There are often time limits to file an appeal.

12. Formal Modifications to your Judgement of Divorce (Divorce Decree) may be possible and are generally straight forward when both spouses agree. A Petition to Modify must still be filed and the modification must be granted by a judge. If both spouses do not agree, then the spouse seeking the modification would need to demonstrate to the court a convincing and on-going change of circumstances (e.g. loss of job, job transfer, medical event) as a reason to seek the modification. If you and your spouse agreed to a Settlement Agreement, the court will usually expect a reasonable amount of time to have passed in order for there to have been significant changes to induce the Petition to Modify.