What Questions to Ask a Lawyer for Separation

A mandate is essentially a lump sum payment made to lawyers to provide their future legal services. Mandate fees vary from industry to industry and from professional to professional, and once your initial mandate fee has been « exhausted, » so to speak, additional fees may apply. Understanding where the limit is before you start is important information you should have. While the letter of the law does not require you to hire a lawyer for all stages of a separation or divorce, it is essential to understand your legal rights. What is the difference between a legal separation and a physical separation? When we talk about separation in a divorce case, are we really talking about legal separation or the physical act of separation? For example, many cases see a physical separation of the parties just before a legal application for separation or divorce. What is legal separation and is it an alternative for me? While Florida doesn`t exactly call it a legal separation, the state offers an alternative for both parties to share their assets and support each other, even without filing for divorce. Separate maintenance measures can lead to actual legal separation in Florida. Does it make sense to go down this path of filing for divorce, are there any advantages? If you have a lawyer, use it. But use them wisely to reduce costs. And to support them and you, equip yourself with the right questions by clicking here and downloading the « Questions You Need to Ask Your Lawyer » checklist. However, this definition is not very useful for the average person. On the first visit, the divorce lawyer should explain to you what is likely to be common property in your case.

I use the word « probably » because there are facts that you may not know that might surprise you during the divorce. Some spouses don`t know the details of when and how you and your spouse (or just your spouse) acquired certain assets. Are you that spouse? If so, you may not realize that some assets are not 100% community property. What is the process for determining resolution goals? For 95% of those who go through the divorce process, the ultimate goal is to reach an agreement. But how to get there? What is the action plan to get us from point A to point Z? The art of game planning begins with the very first consultation between the lawyer and the client. Towards the end of the first visit, the lawyer should explain to you any problems they expect that may not be easily resolved. The lawyer will base his answer on the information you provide. Exactly what we`ve written about community ownership applies here. A lawyer should tell you what is a separate property based on what you told the lawyer. However, there may be facts you don`t know that can change the analysis. You should remain open about these types of questions.

There are three main types of agreements when it comes to caring for children after separation. Can you expect the call to be called back the same day, the next morning or in two weeks? Does the lawyer have some sort of system in place to ensure that questions are answered? What happens if I want to leave the area with my child later? If a move at all levels is a possibility, what do you need to know about it now in anticipation? The answer to this question is probably yes. That`s why you should ask follow-up questions. Follow-up questions include questions about the lawyer`s workload and time management. Do not be afraid of such topics. Law firms, like many other companies and organizations, can vary greatly in size and complexity. Some large law firms may first meet with you with a lawyer and then ask another lawyer to work on your case at a later date. Whatever precautions are taken in a parenting plan, these interests come first and must be maximized. In general, you are entitled to a « fair and equitable » result. This is what separation and divorce agreements must comply with Australian law. If the answer is no, ask yourself this question – what does it do on the website and why was it expressed or implied as customer reviews and testimonials? Who else will support me and support me in my case? Will there be an experienced divorce lawyer to help you with this case? Will there be more than one? Who is your contact for the law firm? Does the law firm have an organizational structure in which the lawyer does most of the client`s work, but has fewer cases overall? Or is it a more traditional structure with one lawyer, perhaps another lawyer and paralegals working on the case? There is no right or wrong answer, but it is useful to know in advance under what structure the company you choose operates.

Don`t settle for a generic answer. If the only thing the lawyer tells you is that you are cooperative and reasonable, it should affect you. Instead, on the first visit, the lawyer should be able to explain to you what you can do in your specific case to reduce costs. If the answer is yes, separation can usually be easier, cheaper, and less emotionally stressful. How do you calculate your services? While most divorce lawyers charge « by the hour, » some also offer fixed attorney fee options, with a fixed rate charged for a certain portion of the family law case. Read how much a divorce costs and take a look at our calculator. Do you consider yourself a litigator or transaction lawyer? The reality is that divorce lawyers need to be able to both « close the deal » and go to court and win if no solution can be found. .