You Would Be Surprised At How Important Family Law Attorney
Things to Tell (or Not Tell) Your Divorce Lawyer
Divorce clients worry about whether they should tell their attorney everything or keep some facts secret.
It’s difficult to be totally honest because the issues are personal and can be embarrassing. Even when you know conversations with your attorney are confidential, some things make you feel ashamed so you are reluctant to be totally open about them. For example, suppose you have slapped or spanked your child or you are having an affair. You may be tempted to omit these details–but that’s dangerous because if your attorney doesn’t know about the potential problem, it may damage your case.
1. Disclose All Relevant Information.
It’s important to share all relevant facts with your divorce attorney so he or she can prepare for and deal with potential problems. Even if you think a particular fact is irrelevant to your divorce, make certain to mention it to your attorney so he or she can decide whether the item could create a problem down the road. You don’t need to tell your attorney everything about your marriage and children, but make certain to share all items relevant to the issues of your case. If you are in doubt about what your attorney needs to know, get guidance on what’s relevant.
2. Provide a Written History of Your Marriage.
It’s helpful for your attorney to have a written statement outlining the important facts in your marriage, including how you met your spouse, when you married, the names and ages of your children, your education, where you work, critical events in your marriage, what you think caused the divorce, and who wants the divorce. A good way to organize the history is chronologically from when you met your spouse. Put together a time line of important dates. Also, list the major assets you and your spouse own and any property that one of you claims is separate.
3. Share Sensitive Information.
You probably don’t want to tell your attorney you are having an affair or physically abusing your spouse or children, but it’s critical that your attorney knows about these difficult facts so he or she can be properly prepared to defend you if they come up in the course of your divorce. During the discovery process, if you opt for a litigated divorce, these facts are likely to come up and in a collaborative divorce, you are obligated to share all relevant information with the other side. Some attorney use investigators to search for damaging facts, and if there is a suspicion of an affair, an investigator is likely to be involved. If you are in an abusive relationship, make certain you tell your lawyer, even if you are ashamed of it. Also, if you have contracted a sexually transmitted disease or have hidden assets or debts, tell your lawyer.
4. Issues to Discuss.
There are a number of important issues you will need to discuss with your attorney during the first meeting, including child custody, child support, spousal support, division of the marital estate, any separate property claims, community debts, and your expectations about the likely outcome of the case. You will want to discuss sole or joint custody of the children, standard visitation or shared custody of your children, who is likely to be responsible for paying child support, how much that might be, whether your spouse is eligible for spousal maintenance, and the division of your community estate. Make certain you share with your attorney any facts that might favor you getting a larger share of the community estate, such as higher income earned by your spouse, health issues, disability, separate property of both spouses, and whether there has been spousal abuse.
5. Things Not to Say.
Finally, there are some things you should not say to your prospective attorney, such as “I don’t care about costs because I want to punish my spouse, I want to bring a friend with me to our meeting, I need to get this over with as soon as possible because I want to remarry, or I will never pay child support to my ex-spouse.”
Telling a lawyer you don’t care about costs may double your attorney’s fees. Bringing a friend to the meetings with your attorney may destroy attorney-client privilege. Being in a hurry will put you at a disadvantage and may increase the cost of your divorce. Never say never, because you will likely have to change your mind during the course of the divorce process. Finally, make certain you are clear about attorney fees, who will manage your divorce, and if you understand what your attorney has told you.
In a Divorce, Who Gets the 401k?
A divorce settlement can be excruciating. It is not always patient; it is not always kind. It can be rude. Self-seeking. Easily angered. And if you’ve developed a comfortable nest of 401k funds, you may find these benefits at the center of your divorce settlement maelstrom.
“I’ve seen 401k participants who’ve been abandoned by their spouses. Participants who’ve been left with kids to support and a household to run,” says Ted Benna. “I’ve also seen participants with huge account balances doing irrational things – like forbidding plan administrators to work with their spouse’s divorce lawyers – all in an attempt to keep their spouses from getting any of the retirement benefits.”
Your desire to protect your funds may be self-seeking. Or it may be a matter of survival. But either way, your spouse has the legal grounds to claim all or part of your 401k benefits in a divorce settlement. And in most cases, you’ll have to find a way to make a fair and equitable split of the funds. By being organized, prepared and knowledgeable about your legal options and rights, you can split your 401k reasonably.
How to Find the Best Divorce Attorney
It’s not easy to maintain a positive attitude at work when your marriage is heading for a divorce. The right solution is to get a lawyer to handle your case as quickly as possible.
Here are ten tips to help you find the best divorce attorney:
1. Ask Your Friends and Family
Ask your friends and family if they know a professional divorce attorney. Make sure to find an attorney who specializes in divorce cases and family law.
2. Understand What You Want to Get from the Divorce
As tough as the divorce may be, you must still ensure you get what you want from it. For example, you can push for sole parental rights. Your attorney can use a child support calculator to get you the right amount from your former spouse.
3. Consult the Local Bar Association
The local bar association has a list of the top attorneys in your area. Consult with them and get a list of names. Do some research on the attorneys you find, and see if any of them offer free consultations.
4. Search Online
Thanks to the internet, you can get all the information you need about legal experts in your area. There’ll be reviews posted online about each of those attorneys as well. Reading these reviews helps you choose the right attorney.
5. Consider Your Budget
Legal fees can go very high if you are dealing with one of the best legal firms. As such, consider your budget first. Then, look for attorneys who are within your price range.
If asking whether a lawyer is male or female is not the right question to ask, what is? These three questions:
Who a Lawyer Is
The question of “who a lawyer is” encompasses a lot, and it is probably the single most important question to ask yourself about any lawyer before you hire them. Who is this person? What is his/her reputation? How does s/he operate? Is this person fair? Is s/he honest? Is s/he experienced? Does this lawyer know the law, the court system, and the judges?
All of these questions are designed to provide you with the information you need to answer the one question that matters the most to you: Can this lawyer competently represent you and help you achieve your goals in your case? If not, then it doesn’t matter whether the lawyer is male or female. That lawyer is not right for you.
Does the Lawyer Have Time for You?
You can have the best divorce lawyer in the country, but if that lawyer does not have the time to devote to your case, you are not going to be happy with the result. If your lawyer is part of a big law firm that has dozens of junior associates ready to handle your case, that’s fine. That means your case will not be neglected. (… at least in theory). But it doesn’t mean that you will get the attention you wanted from the lawyer you actually hired.
Solo lawyers are not necessarily better. They can be. At least, when you hire a sole practitioner you know which lawyer is going to be handling your case. But if your solo lawyer gets buried in other work, your case might take longer to resolve than you thought.
What Kind of Divorce Process Does The Lawyer Use the Most?
There are at least four different divorce processes that are commonly used in this country: litigation, negotiation, mediation and collaborative divorce. If you want to mediate your case, but you hire an ace litigator to represent you, your mediation has a greater chance of failing than it would have had if you had hired an attorney who was mediation friendly. If you hire a lawyer who is skilled at negotiation, but lousy in a courtroom, and you end up going to trial, you are going to get screwed. You have to hire the right lawyer for the divorce process you use.
THINGS TO BRING TO YOUR INITIAL CONSULTATION WITH A DIVORCE LAWYER
Most attorneys that practice divorce law offer a free initial consultation where you can schedule a time to meet in person with the lawyer. The guide provides you with advice on how to prepare for an efficient and effective consultation. While most divorce attorneys in Irvine and elsewhere in Orange County don’t specifically provide direct legal advice during this first meeting, having the right information will not only provide for an effective first meeting, it will show the attorney that you will be a well-prepared client. Let’s get to the list.
1. PREPARE YOUR SCHEDULE OF ASSETS AND DEBTS
The Schedule of Assets and Debts is one of the most important documents in any California divorce case. Every party in every divorce case in California has to complete this form before their dissolution of marriage will be granted by the court. You may as well start now and get this document completed, which will be extremely helpful for the attorney during your initial consultation. Here are answers to frequently asked questions about the Declaration of Disclosure, which consists of the Schedule of Assets & Debts. As the name announces, the Sched. of Assets and Debts lists out all the community and separate property assets, debts, and includes supporting documentation.
2. PREPARE YOUR INCOME AND EXPENSE DECLARATION
The Income and Expense Declaration is the other document included in the Declaration of Disclosure. The IED includes the party’s income, expenses, and must include recent pay stubs of the person filling out the form.
3. PREPARE A LIST OF QUESTIONS YOU WANT TO ASK THE DIVORCE LAWYER
Having a bullet-point list of questions ready to ask is imperative to managing your time with the attorney and getting the information you need.
4. TAX RETURNS
Bring at least the most recent tax return filed by you and your spouse, if you file a joint return. If you file separate returns, try and bring your spouse’s latest tax return as well. If you can bring the last two years’ tax returns that would be greatly beneficial.
5. SELF-EMPLOYMENT DOCUMENTS
If you or your spouse are self-employed, bring as many documents as you can regarding the business operations, income and expenses. Bring a current profit and loss statement, balance sheet and any other relevant current documents. Be sure to bring the last year’s Schedule A tax return document. For more information about