What to discuss during your first meeting with a divorce attorney

Posted on November 18, 2019 by Chris Kirker

Whether it is you or your spouse who is contemplating divorce, there is no doubt that it is a difficult and emotionally taxing time. Meeting with a divorce attorney is essential to discuss your circumstances and help you navigate the legal aspect of a divorce. Finding an attorney that you trust is essential, and often you will have several opportunities to speak with someone about your case prior to retaining. During those talks, here are a few key things that you will want the attorney to know:

  1. Children: the most important thing to discuss with the attorney is whether there are children involved, and if so, what custody schedule you are seeking both during the divorce and following the divorce. Discuss any parenting concerns you have and start thinking about what possession schedule would best serve your family.
  2. Property: another big topic. Discussing separate and marital assets and liabilities with the attorney is essential to building your case and giving the attorney an idea of what they may be working with if you decide to retain. You can also discuss ways to protect the marital estate during the divorce to ensure the other party does not try to divest you of what is yours.
  3. Business Interests: to go along with property, be sure to discuss any business interests of both you and your spouse. If either of you started a business during the marriage, or your community funds were used to support a pre-existing business, you likely have a financial stake in the business that will need to be resolved during the divorce proceedings.
  4. Support: if you are going to need any type of financial support during the divorce, discuss this with the attorney. If your spouse has been the primary bread winner and you are worried that you will be unable to support yourself both during and after the divorce, there are ways you can get relief. This is also a good time to discuss potential child support, both if you are the party expecting to receive that support or the party expecting to pay it.
  5. Payment: finally, be sure to discuss how you will be paying for the attorney’s services if you decide to retain. Some attorneys work on a flat fee, especially if it is a relatively simple matter. Most often, however, there will be some combination of an hourly rate and/or a retainer fee.

If you are contemplating divorce, or if you are concerned your spouse may be contemplating divorce, you need a team of highly experienced divorce litigation attorneys who will zealously fight for your rights. Contact Kirker│Davis LLP to schedule a meeting with a divorce litigation attorney today.


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