What You Should Discuss With Your Divorce Attorney

The welter of emotion evoked by an impending divorce often causes muddled thinking

, which may lead to life-altering errors when going through the actual process of dissolving a marriage. If ever there were a need to prepare a detailed list of questions for an attorney, this is it.

Generally speaking, there are two basic areas that need to be addressed as a couple progresses through a divorce: finances and children. However, each of these subjects covers such a multitude of legalities, it is important to arrange well-planned discussions with a potential divorce attorney, or one you have already hired. For example, the couple should be able to provide information concerning all assets, including property, savings, retirement funds, pension funds, and ongoing income. On the other side of the coin, debt incurred by both parties must also be disclosed and discussed. Division of marital property should be carefully examined and explored as fully as possible, in order to prevent future misunderstanding.

As difficult as dealing with financial matters may be, addressing questions concerning children is often twice as painful. With emotions running high, it's easy to lose sight of the primary goal, which is their welfare. Every aspect of the childrens' care and well-being should be examined and outcomes determined by careful divorce planning. Questions of both legal and physical custody must be answered, along with visitation by non-custodial parents and grandparents, health and dental insurance, college education and, of course, financial contributions. Many factors go into these decisions which must be taken into consideration before a divorce is finalized.

Spousal support is another high-priority matter when planning a divorce. Either party may be entitled to financial support; details of the amount and length of time such monies are to be provided should be carefully worked out between the couple and their lawyers.

As for the attorneys themselves, divorcing couples should understand that although they have a great deal of experience in the field of marriage dissolution, they are not counselors or psychologists and should not be expected to act as such. Many times, however, they can refer the couple to mediators or other people who can assist in making the proceedings as civil as possible.

It is also crucial to remember that lawyers often charge by the hour, so the more specific and concise consultations are, the less expensive the legal bills will be. That's just one of the reasons that choosing the right attorney and planning as much as possible is such an important step toward achieving a less painful divorce.

by: Stephen Daniels

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