During a divorce, your attorney will be your advocate and guide you through the legal process. Communicating openly with them and discussing all aspects of your case is essential. We’ve detailed five key topics to discuss with your divorce lawyer to ensure a successful outcome.
Divorce Process
The first conversation you should have with your lawyer is about the process of the divorce. Ensure you fully understand the steps involved, including filing for divorce, serving papers to your spouse, and attending court hearings.
All states have different laws, and your attorney can inform you about the specific process in your state. Your lawyer can also explain what you should expect and any potential roadblocks that may arise.
Division of Assets
Often, marital property includes everything acquired during the marriage, from real estate to personal belongings. Understanding what falls under marital property clarifies what you and your soon-to-be ex need to divide.
Remember that various factors can influence asset division, including the length of the marriage and each spouse’s financial and non-financial contributions. Likewise, if you signed a prenup or post-nuptial agreement, it may affect the division of assets. Review all legal documents with your divorce attorney to determine how they impact your case.
Child Custody and Support
If you have children with your spouse, another topic to discuss with your divorce lawyer is your rights to child custody and support. Your lawyer can explain the different types of custody and how to determine child support payments. They can also create a parenting plan that outlines visitation schedules and decision-making responsibilities.
Prioritize the best interests of your children during this process and work toward an arrangement that benefits them. Now isn’t the time to get back at your ex or use your children as leverage.
Pro Tip
Factors influencing child custody and support include the child’s age, health, and relationship with each parent. The court’s primary concern is the child’s best interest, so presenting a solid case with your lawyer’s assistance is essential.
Existing Debts
Most couples incur debts during marriage as they buy a home, vehicles, and other assets; you may also share credit card debt. During the divorce process, you must fully disclose all debts to your attorney. This includes credit card debt, mortgages, car loans, etc.
By understanding the division of marital debt, you can better prepare for your future. Divorce often means going from a dual-income household to a single-income household. Knowing your financial obligations can help you plan and budget accordingly.
Future Modifications
While you will agree to initial terms during the divorce, discussing potential future modifications is vital. This could include changes in custody arrangements or child support as circumstances change. We never know what the future holds, and you need to have a plan in place for any potential changes.
Your divorce attorney is there to help you navigate the legal process and protect your rights. By having an open discussion with your lawyer, you can work toward a successful outcome and start the next chapter of your life with confidence.