Guest Author - Stephanie L Watson

When you go to your first consultation with your attorney, it is a good idea to go prepared with everything you will need. First, it will save you money if you are prepared and secondly it will save time. After all, when it comes to a lawyer time is money.

Besides your checkbook, take with you copies of all of the following:

Any papers you already have from any former rulings.

At least three months of pay stubs of both parties if you have access

The last three to five years of tax returns

Compute on a spreadsheet your monthly expenses- Include all expenses, including but not limited to rent, groceries, cable TV, entertainment, laundry, cell phones. Do not forget school for the kids and extra curricular activities; include everything no matter how trivial. Include any expenditure that your family is accustomed.

All financial documents- such as bank statements, savings statements, stocks, bonds, IRAs, investments, property owned, such as homes, land, recreational items, and vehicles.

Wills

Life Insurance Policies

Any evidence of misconduct by the other party, such as police reports including photographs if they exist.

List of Reasons for Divorce- This could be from simple, irreconcilable differences or something more like adultery, abuse or addiction. Many states only have no fault divorce and this will be mostly irrelevant but sometimes these things can be used as negotiation points.

List exactly what you need for temporary support and temporary parenting plan- remembering that more than likely this is what you are going to end up with in the end, especially when it comes to the parenting plan. Most judges do not change what is working during a separation just because you are divorced. More than likely child support will be whatever the guideline is, and sans abuse, custody and visitation will be whatever the guideline is as well. This leaves only the marital assets and debt to divide in the end.

For the final divorce, do not forget about college for the kids, and medical insurance, life insurance, and extra curricular activities. Remember when you divorce you will not qualify for insurance via your spouses’ job any longer and vice versa.

Research the costs of all of that, and remember that your costs from the bills you now have together with your spouse may change as well. Call your insurance company and get a quote, call a daycare and get a quote. Do not make any assumptions on what is available. Do not even listen to anecdotal “facts” from your friends. Get the facts straight before your divorce is final so that you are not shocked later.

Remember that your friends may not have gone through the same thing you’re going through in their divorce. Many people find stories about what happens in court during divorce unbelievable so don’t pay much attention to anyone’s story about how they got everything in the divorce. Be concerned about your own story and your own actions.

Be realistic. You cannot squeeze blood from a turnip. Both parties have to live after divorce. No matter whose fault it is, both people have to pay rent, buy food, and stay healthy enough to work. Do not let anger overshadow common sense.

Include a list of written questions you have for your attorney. You probably have many swarming around in your head right now, but when you are with your attorney, you will forget. Some recommended questions to get you started.

Is what I am asking for realistic?

What in your experience is a typical award in contested cases like mine?

Exactly what is the entire process?

How long will it take if we agree on the terms right away?

What if we cannot agree, what will the process be then?

How many cases like mine have you done?

How often do you have to take cases to trial versus your clients settling?

How much do you charge per hour? What is the retainer?


If you choose to hire this attorney after you show him and tell him all of the above ask for a contract that you both sign and pay your retainer.

Even if you have not made up your mind about going through with a divorce, do your due diligence when hiring an attorney and everything will go a lot smoother.