10 Tips Before Hiring a Divorce Attorney

You aren’t required by law to hire a divorce attorney to guide you through the divorce process. For example, an uncontested divorce without the complications of huge assets and custody issues can easily be settled without the help of a lawyer. However, if there is a bitterness or dishonesty in relations with your estranged spouse or if they have already hired a divorce attorney, you had best start searching now. If you decide to hire a divorce attorney, here are a few tips before you put a dent in your checkbook.

1. Hire a divorce attorney with a good reputation and experience in divorce litigation. Consult with friends, family, and other lawyers to get recommendations. Check your lawyers background for any possible misconduct or disciplinary actions by going to your state’s Bar Association.

2. Make sure your divorce attorney has experience in the court your case will be heard in. Familiarity with the courts and judge in your jurisdiction will give your divorce attorney instant credibility when he begins your hearing.

3. Hire a divorce attorney that is readily available and takes a pro-active attitude towards your case. You don’t want someone who is too busy to answer your calls and won’t fully answer your questions.

4. Look for a divorce attorney that specializes in the type of divorce situation you are in. Specialities include alimony, mediation, and child custody.

5. Arrive at your divorce attorney prepared with questions, notes and any necessary forms. You cannot expect your attorney to handle EVERY aspect of the case. This is your divorce and you will have to deal with certain facets of it.

6. Choose a divorce attorney who is attentive and easy to talk to. A good attorney will provide you with the proper knowledge you need to make the right decisions.

7. Before going to a divorce attorney, gather your financial papers, legal documents, and any other paperwork that pertains to your property ownership and money. You’ll have to disclose all your assets and earnings to the court and your divorce attorney will need copies of everything. You will save a lot of time, and billable hours, by having all the documents ready for your lawyer.

8. Be honest and truthful with your divorce attorney. Don’t exaggerate or minimize the circumstances surrounding your divorce. Your lawyer can’t do his job correctly without full knowledge of your case. Should anything you hid, such as assets or past behavior, come up during your hearing, it will definitely take a negative toll on your case.

9. Set realistic goals. Your divorce attorney is not here to punish your spouse and do your every bidding. They are working within boundaries set by law and, therefore, you cannot expect them to get every aspect of your divorce to end in your favor.

10. Finally, choose a lawyer you can afford. Ask about fees and make sure you understand your fiscal commitment. It will be embarassing if you cannot afford to pay your lawyer after the divorce process has started.

Divorce

1. Find Counsel
Going through a divorce without the help of a competent and hard-working divorce attorney can be disastrous. Find the right divorce attorney before your appearance in divorce court. Choose a divorce attorney with at least 5-10 years experience praticing divorce law. Look for two things: A divorce attorney who know the value of a quick out-of-court settlement but is also willing and prepared to go through an extensive litigation.

2. Gather Financial Information
One of the primary reasons for going to divorce court is to make an equal distribution of marital assets and debt.   Determine what you own. Some assets are obvious, a shared home, financial accounts, and vehicles are assets that should be split equally. However, there is a multitude of assets that are not so obvious, such as belongings brought into the marraige, personal artwork, and even pension plans. Collect a list of all possible assets at present value and hand it over to your divorce attorney before going to court.

Next, determine what you owe before going to divorce court. When determining what you owe, the name the debt is filed under does not matter. Marital debt wll be split based on who is more financially able to pay the debt. The easiest way to determine marital debt is to obtain a credit report. Also collect all financial statements with open accounts and balances due. Turn all these documents to your divorce attorney before heading to court.

3. Determine Your Income
You will need documentation showing your income and the income of your spouse. If you and your spouse work for a salary, recent pay stubs and your most current Income Tax Return. Determining income becomes more complicated when your spouse is self-employed. In those cases, copies of bank account statements and financial business statements will give a general picture of income. Prepare these documents for your divorce attorney to present in court.

4. Prepare Your Budget for a Post-Divorce Life
This is where you get to determine where you will live following the divorce. You need to know what your living costs will be after after divorce. Some people’s incomes drop drastically after divorce. Therefore it is extremely important to create a budget for yourself before going to divorce court. Your divorce attorney should be able to project any income that will come in as a result of the divorce.

5. If You Don’t Have a Credit History: Establish one now.
Spouses who were dependent or jointly listed on their spouses credit card and have little other credit information will find it difficult to apply for car and home loans, which are probably the first two purchases you will have to make following a divorce. While you may have equally shared the responsibility of paying off debt, following a divorce, the many years of making credit card payments will have only helped boost his rating. Becareful about racking up too much debt, only spend as much as you can pay off each month.

6. Close All Joint Credit Accounts
While it may seem obvious, making sure you close all joint accounts prior to going to divorce court can ensure that an angry spouse will not angrily run up a debt that will hurt you later.

7. Don’t Move Out Yet
One of the more common questions during divorce court proceedings is when to move out of the marital house. Moving out too early can affect the equity you have in the property, as your estranged spouse will continue to live in, and pay for, the house possibly affecting the judge’s final decision about property distribution. If you must move out and are still paying for the marital home’s mortgage, make sure to carefully document any payments and provide them to your divorce attorney.

8. Finally, And Most Importantly, Be On Your Best Behavior.
Divorce means you will be under microscopic scrutiny. You don’t want to behave in a way that gives your spouse the upper hand. This is especially important when there are custody issues involved. If you plan on keeping custody of the children it is best to avoid hard partying, coming home late, and openly dating in front of the children. This can skew the judge’s impression of the ‘victim’ in the case and subsequently alter the final settlement. Your divorce attorney will advise you to be on your best behavior, and you had best listen to them.