General Divorce Questions
What Is the No-Fault or Fault-Based Divorce Law in My State?
Determine whether you can seek a no-fault or fault-based divorce.
What Are the Steps of Divorce in My State?
Discover the steps, timeline, and requirements to file for divorce.
How Long Does It Typically Take to Complete a Divorce?
Estimate the length based on the complexity of your case and the schedules of the courts in your locality.
Also read:
- https://nexgenlegalaid.com/how-family-law-resolves-disputes-a-40-point-checklist-for-families/
- https://nexgenlegalaid.com/20-critical-facts-about-divorce-proceedings-under-family-law/
- https://nexgenlegalaid.com/25-tips-for-handling-child-custody-cases-in-family-law/
Do I Have to Be Separated Prior to Filing for Divorce?
Confirm if separation is a legal requirement and for how long.
What Are the Residency Requirements for Divorce?
Confirm you qualify to file in your jurisdiction
Financial and Property Questions
How Will Marital Property Be Divided?
Find out if your state uses community property or equitable distribution.
What Happens to Debts Acquired During the Marriage?
Find out if the debts will be split between the two parties
Will I Be Entitled to Alimony or Spousal Support?
Talk about the possibility of spousal support.
What Financial Papers Do I Have to Collect?
Collect bank statements, tax returns, and other financial records in preparation.
Can I Retain My Retirement Accounts and Pensions?
Inquire about retirement assets and pensions division.
Child Custody and Support Issues
How is Child Custody Determined?
Know the considerations for the courts when making decisions about custody.
What Are My Odds of Sole Custody?
Discuss the chances and conditions for a sole custody
How is child support determined?
Learn about the formula or method used to decide child support payments.
Legal vs. Physical Custody-What’s the Difference?
Explain how decision making and residence would be decided
Can custody or support orders ever be changed?
Inquire as to whether changes can be made to custody or support orders down the road.
Legal and Procedure Questions
What are my rights during the divorce?
Understand your rights regarding property, finances, and children.
How Will My Case Be Handled if It Goes to Court?
Discuss the chances of court involvement and what to expect.
Do You Recommend Mediation or Arbitration?
Explore alternative dispute resolution methods to avoid a contentious trial.
What is the Role of a Guardian ad Litem?
If children are involved, understand how a guardian ad litem might impact your case.
How Do I Protect Myself in the Divorce Process?
Seek guidance on protecting your finances, property, and personal well-being.
Costs
How Much Will You Charge Me to Represent Me in My Divorce?
Know how the lawyer charges (hourly, flat fee, or retainer).
Are There Other Costs Besides Attorney Fees?
Ask about court costs, expert witness fees, or mediation fees.
Am I Eligible for Spousal or Child Support During the Divorce Process?
Discuss temporary spousal or child support.
How Can I Minimize Legal Costs?
Get tips on reducing expenses by preparing documents or resolving issues amicably.
What Happens if My Spouse Hires an Expensive Lawyer?
Understand strategies to handle an aggressive or high-profile opposing attorney.
Questions About Outcomes
What Are the Potential Outcomes of My Case?
Ask about best-case and worst-case scenarios based on your situation.
How Will the Divorce Affect My Business?
If you have a business, outline how it might be valued and distributed.
What Happens if My Spouse Conceals Assets?
Learn how courts locate and manage concealed assets
Can We Draft an Agreement Once Divorced?
Discuss the use of agreements related to matters of concern after we separate
What Do I Do to Prepare Myself for Divorce?
Individual recommendations on getting prepared emotionally, financially, and legally
Conclusion
Asking these questions will help you better understand the legal process, prepare for challenges, and make informed decisions. A skilled family lawyer can provide the clarity and support you need during this difficult time.
