Filing for divorce can be overwhelming. When you are ready to begin the process, the first step is to meet with an attorney. Going into the first meeting is often very emotional. Filing for divorce can be mentally draining. The best way to alleviate the stress of meeting with your divorce attorney is to be prepared by knowing what to expect and what you will discuss.
You will need to be able to share your entire financial picture. Documentation is always better than simply telling your attorney, as documentation will provide an accurate representation of your shared finances. Before your first meeting, begin to compile a complete and organized file. Have a copy for you and a copy to leave with your attorney. This file should include:
Provide pay stubs from your employment, along with your spouse’s information if you have access. If you are self-employed, provide your tax returns and tax forms that show your self-reported income, as well as documentation on business expenses.
Bring copies of your joint or individual tax returns, state and federal, for the past three years at minimum.
This includes any information that will establish your net worth. Bank documents, savings accounts, retirement accounts, investments, and anything else needed for a full financial picture.
If you own real estate, bring copies of your mortgage statements as well as any legal descriptions of the property you own (usually available through your lender). Anything pertaining to the purchase, refinance, and assessment of the property should be included.
Any debt you entered into during the marriage, even if it is in one name only. This includes credit cards, car loans, student loans, medical bills, and any other loans.
Life insurance information for you, your spouse, and your children can be considered an asset.
While every divorce case is different, at the first meeting, most attorneys will run through a similar list of questions. These will include why you are seeking a divorce, your current living situation, if you are currently separated and for how long, if you have children together and how old the children are, and if there was any abuse or addiction that affected your marriage.
It’s important that you do not hold back and answer the questions honestly. Your attorney is not there to judge you, but to help you get the best outcome to begin this new chapter in your life. Your attorney may ask you what you are hoping to get from the divorce settlement, and to prioritize what you want.
Divorce proceedings often involve negotiation and compromise, and your attorney needs to understand what is most important to you. Are you hoping to stay in the house? Is a certain custody arrangement important to you? Make sure that your attorney gets a good understanding of your situation and desired outcomes.
When filing for divorce, you want to have an attorney that you trust. Look for someone with a good reputation for fair settlements for situations similar to yours. While in anger, you may be hoping for someone ruthless to punish your spouse, it is rarely a good idea and will not result in a healthy divorce. Look for an attorney who can handle the negotiations firmly and fairly. If you don’t have a good relationship with your attorney, you may need to meet with another until you find the right fit.
Your divorce lawyer will be your advocate, but they can’t do their best work unless you give them complete and accurate information. Be prepared to work together with your attorney as a team for the best outcome. Divorce can be a very challenging time for your family. If you’re going through a divorce or are in the early stages of filing and you’re unsure how to navigate the process, contact my office today.