You must make the most of your initial consultation with your family court attorney. During the discussion, you must ask all relevant questions to get a reasonably good idea about your legal options and rights. To do this, you must prepare yourself for the right questions. Failing to get the answers in the first consultation may result in you paying for the answers during subsequent meetings. A typical consultation with the attorney will be for about an hour. During this time you explain your issues to the attorney.
In return, based on the information provided by you the attorney will let you know your legal rights and options available to you.
The Cost of Divorce
The first thing you must ask your attorney is the fee structure. Some attorneys charge for every hour spent on your case which could include the time they spend answering your questions too. Some attorneys charge a fixed fee. The divorce proceedings can sometimes prolong for years. You must prepare yourself for the expenditure.
The procedures you and your attorney need to follow to file for divorce vary from state to state. You must ask your attorney the expected time frame. An experienced attorney after hearing the details and understanding the complexities of your case will be able to give an approximate time frame the divorce case is expected to take and your time commitment to it. This is important if you are busy with your other engagements. You have to plan for the time required from you.
Every state has their own specific rules on whether a spouse can seek alimony from their partner. The factors that come into play could be the length of time you have been married, whether one of you stays at home for the upbringing of kids, the disparity in the earnings of both. Whether you are the one planning to seek alimony or the one who may have to pay it, it is better to ask your attorney to understand the possible outcome and prepare yourself for the possibility.
Custody of Child
If you have children with the spouse you are planning to divorce or being divorced, the custody of the child is an important issue. If you are not able to agree privately in this matter you must ask your attorney. You must understand the factors that will influence the state judge in awarding the custody to you or your spouse. The custody issues can prolong the divorce proceedings.
It is important for you to understand as to which issues you must be prepared to concede and which issues you can challenge. You can also ask for your attorney about any other available option for the resolution of the issue like arbitration or mediation.
Splitting of Marital Assets
The laws about allocating of marital assets to the spouse is pretty straightforward in most states. However, these rules may differ from state to state depending on the state property laws of the particular state. You must ask your attorney about the applicable laws in your state and the possible outcome of it.
The first consultation with your divorce attorney is very important. You must prepare yourself well for all the relevant questions before you meet your attorney. Make a list of the questions and also keep all information pertaining to the divorce ready to share with your attorney, if required.