Issues To Discuss With Your Divorce Attorney

Divorce involves complex legal and financial decisions affecting your property, children, and future. Preparing for your initial consultation with a divorce attorney means understanding the key issues to address and gathering relevant documents to protect your rights and interests.

A divorce attorney can help reduce your legal and financial stress, advocate for a property division that protects your interests, and work out custody arrangements that best serve the needs of your children.

In this article, we’ll go over important questions you’ll want to discuss when you first meet with an attorney about your divorce case. Family law attorneys who focus on divorce are extremely knowledgeable, and their job is to answer your questions and find the best solution for your circumstances. When you come to your consultation with the right questions, you can keep things on track and address all your concerns.

Issues Relating to Children

If you have young children, child custody considerations will be a major part of your divorce. Ask your attorney what factors your state considers when determining custody and what “best interest of the child” means in your situation. They can also explain:

• The difference between legal custody (decision-making authority) and physical custody (where the child lives)
• What custody arrangements are realistic in your situation
• How visitation schedules or parenting time will work, including holidays and vacations
• Whether grandparents might seek visitation rights
• How your state calculates child support and what expenses it covers
• Who will pay for health insurance, dental insurance, and uninsured medical costs
• How you and your spouse will handle college expenses
• Who will claim the children as tax dependents
• Whether you need to address issues like religious upbringing in the custody order

You may have other questions to ask as well.

Property Division Issues

Divorce law on property division varies by state. Ask whether your state follows community property rules (generally equal division) or equitable distribution rules (fair but not necessarily equal division).

If you are concerned about your home, ask whether you can stay in the marital home and how you’ll divide the equity. Your attorney can explain several options to address this:

• One spouse can buy out the other’s interest
• You can sell and split the proceeds
• One spouse might keep the home while the other receives other assets

For other significant assets, discuss:

• How business assets or professional practices will be valued and divided
• Whether your state considers professional degrees earned during marriage as marital property
• How you’ll divide retirement accounts (pensions, IRAs, 401(k) plans) and whether you’ll need a Qualified Domestic Relations Order (QDRO)
• Your eligibility for your ex-spouse’s Social Security benefits
• How student loan debt and credit card balances will be allocated
• Whether your state compensates homemakers for their contributions
• Concerns about hidden assets
• How you’ll divide stocks, bonds, investment accounts, and other property

Don’t be afraid to ask your attorney other questions that aren’t listed here.

Spousal Support

Not every divorce involves spousal support, also known as alimony. When it does, it can have a significant impact on the financial futures of both parties. If you’re uncertain about spousal support, you can ask your attorney:

• Whether you could receive spousal support or might be obligated to pay it
• Whether the length of the marriage affects the amount of spousal support
• Will the court consider factors such as each spouse’s earning capacity, age, health, and standard of living
• If temporary support is available during the divorce proceedings
• How much spousal support the court could award and for how long
• Are spousal support eligibility and duration restricted in your state
• Whether you are eligible for continued health care coverage through COBRA, for how long, and who will pay premiums

In California, courts favor rehabilitative support that helps a spouse become financially independent. In contrast, Texas law is much more restrictive, limiting eligibility and duration. Due to these varying rules, it’s a good idea to seek legal advice from a divorce attorney in your state.

Other Issues

Depending on your circumstances, you may also need to discuss:

• Protective orders if domestic violence or child abuse is involved
• Parental kidnapping concerns (if you worry a parent might violate custody orders)
• Legal separation as an alternative to divorce
• Changing your name after a divorce
• Divorce mediation options

As mentioned before, you should feel comfortable asking your attorney any questions you have.

Attorney Fees

One of the most stressful aspects of divorce is uncertainty about divorce costs. During your initial consultation, ask about:

Fee structure

• Hourly rates for attorneys and paralegals
• Consultation fees
• Retainer requirements and how they work
• What services are included versus billed separately

Additional costs

• Court filing fees (typically $100-$400+)
• Service of process fees
• Expert witness fees for property appraisals or custody evaluations
• Mediation costs
• Administrative expenses like copying and postage

You might also want to ask whether the court might order one spouse to pay the other’s attorney fees, particularly when there’s a significant income disparity between spouses.

Communication and Working Relationship

Understanding how you’ll work with your divorce lawyer helps prevent frustration and unexpected costs. Ask about:

• How you’ll communicate (phone calls, emails, client portal) and typical response times
• What communications are billable and in what increments
• Whether brief questions can go to a paralegal instead of the attorney
• How you can minimize costs (for example, batching multiple questions in one email instead of several calls)
• How often you’ll receive case updates
• What decisions require your approval, versus what the attorney can handle

Clear communication expectations up front help you work efficiently with your legal assistance.

Documents To Have Ready

Assembling key documents before your consultation saves time. Try to gather:

Financial records

• Tax returns for the past three to five years
• Proof of current income and pay stubs
• Bank statements
• Retirement account statements
• Mortgage documents
• Credit card statements
• Loan documents
• Monthly budget worksheets

Legal documents

• Prenuptial or postnuptial agreements
• Separation agreements
• Insurance policies (life, health, homeowner’s, auto)
• Wills
• Powers of attorney

Property information

• Appraisals for valuable items and real estate
• Lists of significant personal property
• Lists of property owned before marriage or acquired by gift or inheritance
• Student loan statements

If you have something not listed here that you feel is important, bring it. The worst that can happen is that you won’t need it.

Get Legal Help With Your Divorce

Divorce involves many essential questions that can significantly impact your future financial security and your relationship with your children. A divorce attorney will protect your rights and help you secure what you deserve. Contact a local legal professional who can guide you through the divorce process.