Matrimonial and Family Law Blog

Thursday, June 27, 2019

Divorce Checklist - What to Discuss with Your Divorce Attorney

When you are contemplating ending your marriage, there are many issues that you need to address. Meeting with a New York divorce attorney as soon as possible can help you address some of these issues and create a plan to protect your best interests and your children’s best interests during the divorce process.

In some cases, you may not realize some of the issues that you need to address during your divorce. An attorney can help you develop an exhaustive divorce checklist after discussing the specifics of your situation, your needs, and your goals with you during an initial consultation.

Initial Divorce Checklist for Your Attorney Consultation

When you first meet with a divorce lawyer, there are five basic issues that you want to address during that first meeting. You and your attorney can then develop a more detailed divorce checklist based on your specific situation.

Protection of Assets and Division of Debts

It is important that you discuss property division laws in New York and your expectations regarding the division of assets during a divorce. As you begin the next phase of your life, you need to ensure you have the assets necessary to maintain a certain standard of living. In addition to assets, you want to discuss the division of marital debt. Debts owed by you and your spouse must be divided during the divorce along with your assets.

Spousal Support Payments

You may be entitled to receive alimony or spousal maintenance during and after the divorce. On the other hand, you may be required to pay spousal support. Alimony and support payments can be an extremely important issue in a divorce, especially when one spouse remained at home as a homemaker or earned substantially less than the other spouse.

Child Custody and Child Support Payments

Custody and time sharing are emotional issues in most divorces. Each parent typically believes that he or she is the best parent to have primary physical custody of the child. The court is interested in doing what is best for the child. A divorce attorney can provide guidance and practical advice regarding custody laws and child support guidelines for New York.

Documents Needed for the Divorce

It is important to gather certain documents for your divorce case. An attorney can provide an exhaustive list; however, some of the documents you may want to take with you to your divorce consultation include:

  • Titles to real estate and other property
  • Tax returns and financial statements
  • Bank records and other financial records
  • Debt statements and bills
  • Estate planning documents
  • Insurance policies
  • Marital agreements
Other documents you believe may be relevant to your marriage or divorce

Attorney Fees and Costs of Divorce

You also need to discuss the attorney’s fees and the typical costs of a divorce action. In some cases, you may be able to hold your spouse responsible for a divorce attorney’s fees; however, you need to be prepared to pay a retainer and any upfront fees until your case is settled through negotiations or in court.

Contact a New York Divorce Attorney for More Information

It is difficult to know what to expect if you have never been through a divorce proceeding. Our experienced New York divorce attorneys provide guidance and support in addition to legal counsel to make the process less stressful for you and your family. Schedule a consult with us today.

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