Should I Wait Until I Have A List Of Questions Before Discussing Issues With My Attorney?

Unfortunately, some clients will send several emails in one day or within a short period of time, which unnecessarily increases their expenses. Unless the matter is urgent or time-sensitive, a client should save money by carefully considering and grouping their questions together (so long as those questions are not time-sensitive) rather than reflexively sending emails or calling their lawyer without thinking about the cost.

What Kinds Of Questions Should I Ask My Attorney When Meeting With Them On My Family Law Case?

The types of questions that should be asked of an attorney will depend upon the facts of a particular case. Generally, however, a client or potential client should be informed by the attorney what issues and remedies the attorney sees as options, after the attorney has the main facts. The client will also want to be informed of the goals that can realistically be achieved. If the attorney is unable to articulate the issues, goals, and steps necessary to reach those goals, that should be seen as a red flag. Other inquiries might involve the attorney’s background and experience in dealing with the issues presented by the case. If the attorney only dabbles in the area or otherwise lacks significant experience, that should also be seen as a red flag.

Is It Best To Work With My Spouse To Separate Personal Property Items Before Going To An Attorney?

Whether or not it is best to separate personal property items between spouses before going to an attorney will depend on the circumstances of the case. If there is equal negotiating power and no safety concerns requiring emergency motions and petitions such as protective orders, then discussing the separation of personal items could be very fruitful. However, if one party believes that a preemptive “surprise” motion is needed in order to secure their goals due to undue leverage held by the other side, then such a discussion would tip their hand. Sometimes there is a need to file petitions/motions and separate the parties before discussing the separation of personal items.

What Issues Will Need To Be Addressed In A Divorce Case?

In a divorce case, the court will wish to deal with the issue of jurisdiction, and custody arrangements, visitation, safety issues (such as whether or not one parent’s time with their children should be supervised) and how communication between the parties should be facilitated. The court will also want to address how exchanges should occur between the parties, what type of communication should occur between the parents and their children (telephone versus virtual contact via Skype or FaceTime), whether or not therapy evaluations or treatments are necessary for the children or parents, and how joint decisions should be made.

Notifications should be given to the other side for out-of-state travel or significant events that occur in the children’s lives. In order to protect the children, substance use limitations, restraining orders, or limitations on physical discipline may need to be discussed.

Also of issues will include child support, medical expenses, child care expenses, alimony, and the division of property and debts, including real estate, retirement, and businesses. It will need to be decided which parent will claim the child for tax credit purposes.

Why Is It Sometimes Important To Compromise With A Spouse In A Family Law Matter?

Compromising with a spouse in a family law matter can save time and money. One should not “give away the farm” just to avoid conflict, but if two parties are civil with one another, have relatively equal bargaining power, and compromise on the issues more often than not, then the agreements and solutions they come up with together will likely be better than those that would be imposed by the court. Unfortunately, people are often unreasonable, rigid, and unwilling to compromise. As a result, one side may feel that they have to cave to the other’s demands in order to resolve the conflict. Litigation is likely needed in those cases.

For more information on Questions To Ask A Family Law Attorney, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 616-3301 today.

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*Child Welfare Law Specialist Nat’l Assoc. of Counsel for Children