Questions to Ask Your Lawyer about Divorce

Divorce can be complicated, but you shouldn’t let it overwhelm you. A little research and planning can go a long way in making sure your divorce is as painless as possible. Before you hire a lawyer or retain the services of a mediator, gather the right information about your finances, assets, property, and custody of children, if any.

Here Are Some Questions to Consider When Meeting with Your Divorce Attorney:

  • What is the difference between legal separation and divorce?

If you’re considering divorce, it’s important to fully understand the differences and similarities between separation and divorce, as each one has its own legal ramifications and consequences. While both separation and divorce end a marriage, and both allow couples to live separately, legally, according to state laws, there are differences in how they’re initiated, how they end, and when each process becomes enforceable. Divorce is the legal dissolution of a marriage. Legal separation, on the other hand, is the judicial separation of the legal rights and responsibilities of a married couple. A divorce effectively ends a marriage. Legal separation does not.

  • How much does a divorce cost?

Divorce is a process, and it’s important to know what it is going to cost you before jumping into the process. The cost of divorce varies significantly from one state to another. In California, for example, the average divorce costs around $7,000. In some states, such as Texas, the cost of divorce ranges from $3,000 to $6,000. In other states, such as Florida, the cost of divorce ranges from $4,000 to $7,000.

  • What is the difference between an Uncontested Divorce and a Joint Petition?

Each state has laws regarding divorce, and sometimes the laws vary from state to state. Laws regarding divorce are complex, and many people find themselves confused. One common question people ask is, “What is the difference between an uncontested divorce and a contested divorce?”. The simple answer is that uncontested divorces occur when the two parties are able to agree on all the terms of the divorce, although this does not mean that both of them have filed for divorce together. A contested divorce means that one of the parties disagrees on some or all of the issues in the case. A joint petition, however, is when both the spouses have filed for divorce at the same time with no contest to any of the terms in the case.

  • What needs to be decided in a divorce?

Before you hire a lawyer to represent you during a divorce, you need to decide if you and your spouse will handle your divorce through mediation or litigation. Mediation can save both of you time and money and is a more amicable way to divorce. If you and your spouse can work out an agreement through mediation, your lawyer will prepare all the necessary paperwork for you to sign and file for divorce.

  • What are the factors for determining spousal support?

Divorce and custody can be a challenge for many couples. The stakes pile up, and emotions run high, especially in the case of child custody. It is important to have an experienced attorney on your side to guide you through the legal process. A divorce lawyer should be able to help you determine your spouse’s assets, income, and living expenses. They will also be able to tell you if you have enough assets in your name and which one you should liquidate. In some cases, you might need the services of family mediation like those provided by We Mediate (wemediate.co.uk) to sit together and decide on aspects of the divorce as said above. Discussions need to happen in a safe environment where both parties are allowed to express themselves, and sometimes, mediation can be the answer.

  • How do a Court divide retirement accounts and pension benefits?

Divorce is an emotional time, and if you or your partner has hired an attorney, chances are good that this person has your best interests in mind. However, things can get tricky when a couple has joint retirement accounts or pension plans, since a divorce decree may not explicitly state how the court wants to divide such assets. Therefore, it’s smart to educate yourself on retirement accounts prior to filing for divorce, so that you and your attorneys can discuss these issues in detail.

Divorce is both an emotional and confusing process. During a divorce, you are likely to have many questions about what will happen in the future. Some of these questions should act as a pointer for you to get more clarity on the terms of the divorce. The whole process can be overwhelming, but a little bit of research and communication can help ease some of your worry about the whole thing.

Leave a Reply

Your email address will not be published.