lawyers and all that legal stuff
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Join Date: Feb 2008
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lawyers and all that legal stuff
Does anyone know what takes place at the initial consultation with a lawyer if you are inquiring about a divorce? I would have to go with a lawyer that bases my fee off of income. Does that make a difference? If I leave my husband I will probably have to file for bankruptcy. Will they take care of this too or do I need another lawyer for that? My husband is unemployed, again, can I get child support if he is on unemployment?
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Join Date: Sep 2009
Location: Quebec
Posts: 2,708
In your initial consultation, the lawyer should be writing down notes furiously as you explain your situation and what you are looking to achieve.
I would highly recommend bringing a point form list of questions you have, as well as something to write with, so you don't forget anything. I'd also bring with you any and all important paperwork, such as a statement of income, marriage certificate, birth certificates, perhaps your tax return from the past 2 fiscal years, deeds to any property you own, etc etc. Bring it all!
I assume that since you're seeing someone who works on a sliding scale, you won't have to pay a retainer, but generally, this is where the retainer is paid.
Also, please remember that the lawyer works for you! You need to know if this person has decent turnaround time to answer voicemails and emails (i hate the game "catch the lawyer!"). You need to know what his or her experience is in cases such as yours. You need to know what he or she thinks is likely to happen in your case (as in, a STEP BY STEP explanation of what happens when, and what you need to do).
Regarding bankruptcy, I had mine done by a trustee, but it's possible that your lawyer's firm can do it in house, or can at least refer you to someone.
And regarding CS...where I live, it doesn't matter if you're unemployed or not. You made the kid: you're paying for him/her. The government here can garnish wages as much as they can garnish unemployment cheques.
I would highly recommend bringing a point form list of questions you have, as well as something to write with, so you don't forget anything. I'd also bring with you any and all important paperwork, such as a statement of income, marriage certificate, birth certificates, perhaps your tax return from the past 2 fiscal years, deeds to any property you own, etc etc. Bring it all!
I assume that since you're seeing someone who works on a sliding scale, you won't have to pay a retainer, but generally, this is where the retainer is paid.
Also, please remember that the lawyer works for you! You need to know if this person has decent turnaround time to answer voicemails and emails (i hate the game "catch the lawyer!"). You need to know what his or her experience is in cases such as yours. You need to know what he or she thinks is likely to happen in your case (as in, a STEP BY STEP explanation of what happens when, and what you need to do).
Regarding bankruptcy, I had mine done by a trustee, but it's possible that your lawyer's firm can do it in house, or can at least refer you to someone.
And regarding CS...where I live, it doesn't matter if you're unemployed or not. You made the kid: you're paying for him/her. The government here can garnish wages as much as they can garnish unemployment cheques.
peaceful seabird
Join Date: Sep 2008
Location: floating
Posts: 4,822
I had a phone consultation with a lawyer through my work. One free hour. It was a disaster. I was crying 40 minutes into the call and had to hang up.
I really had to muster some courage to go see another lawyer face-to-face. I did. The lawyer told me he normally charges by the hour, but offered to do my divorce for a flat fee.
I considered the options he presented. I hired him.
My fee was based on my AH (alcoholic husband) not contesting the petition for divorce. Therefore, my attorney would draw up papers for divorce, custody and child support and have my AH sign them. That's how it worked out for me.
The courts have a scale they base child support on. I had records of my AH's income (tax returns) for the previous 7 years to show potential income. My AH had taken a 6 month break from employment the previous year, so basing the child support on that year would not have been in my best interest.
My lawyer advised me concerning bankruptcy. He recommended someone in the area. Most family law offices do not handle bankruptcy cases. The laws are very specific in bankruptcy now and require someone with experience to guide you through.
Pick a lawyer and make an appointment for a free consultation. They will let you know your rights within your state. I took my tax returns and debt records to the consultation with me. I wanted my lawyer to see that I was prepared with documentation.
I really had to muster some courage to go see another lawyer face-to-face. I did. The lawyer told me he normally charges by the hour, but offered to do my divorce for a flat fee.
I considered the options he presented. I hired him.
My fee was based on my AH (alcoholic husband) not contesting the petition for divorce. Therefore, my attorney would draw up papers for divorce, custody and child support and have my AH sign them. That's how it worked out for me.
The courts have a scale they base child support on. I had records of my AH's income (tax returns) for the previous 7 years to show potential income. My AH had taken a 6 month break from employment the previous year, so basing the child support on that year would not have been in my best interest.
My lawyer advised me concerning bankruptcy. He recommended someone in the area. Most family law offices do not handle bankruptcy cases. The laws are very specific in bankruptcy now and require someone with experience to guide you through.
Pick a lawyer and make an appointment for a free consultation. They will let you know your rights within your state. I took my tax returns and debt records to the consultation with me. I wanted my lawyer to see that I was prepared with documentation.
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Thread Starter
Join Date: Feb 2008
Posts: 115
Thank you Noday and Pelican,
He lost a good job due to testing positive on a drug test a year ago, and had a job that paid considerably less that he just recently lost. So, it is good to know that child support might be based on his earning potential rather than his current unemployment. He hasn't applied for one single job since he lost his job, and is quite content to drink and drug his life away and draw unemployment. He told me that if I didn't like it to bad. How do you find out about the lawyer's experience? Thanks.
He lost a good job due to testing positive on a drug test a year ago, and had a job that paid considerably less that he just recently lost. So, it is good to know that child support might be based on his earning potential rather than his current unemployment. He hasn't applied for one single job since he lost his job, and is quite content to drink and drug his life away and draw unemployment. He told me that if I didn't like it to bad. How do you find out about the lawyer's experience? Thanks.
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Join Date: Aug 2010
Location: ozarks
Posts: 85
Originally Posted by serinityprayer 
How do you find out about the lawyer's experience? Thanks.
best bet is to talk to lots of folks in your town and find out who they recommend.
pelican is right, most "family law" offices do not handle bankruptcy, divorce is a state matter whereas bankruptcy is a federal matter.
it would be wise of you to speak to at least three different attorneys before signing with any of them.
as far as child support being based on x number of years ago wages?....good luck with that one! in most parts of the country income as a whole is down and judges know this.
most courts require that the non-custodial parent provide proof of income annually so that child support may be adjusted accordingly.
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Join Date: Apr 2010
Posts: 1,288
Originally Posted by serinityprayer
Does anyone know what takes place at the initial consultation with a lawyer if you are inquiring about a divorce? I would have to go with a lawyer that bases my fee off of income. Does that make a difference? If I leave my husband I will probably have to file for bankruptcy. Will they take care of this too or do I need another lawyer for that? My husband is unemployed, again, can I get child support if he is on unemployment?
If it looks pretty much simple they might give you a flat fee.
In all my years working in law offices I haven't seen any divorce that was simple though.
But where there's a will there is a way.
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Join Date: Jul 2009
Location: PA
Posts: 985
I often encourage people to obtain a free consultation for several reasons - first to find out your rights, to learn of potential conflicts or dangers, to get a feel for the lawyer. If you don't feel this person is listening then go to the next.
Where I live, you can call a lawyer referral service that lets you know who does what and how they do it. I find referrals from friends or family can be helpful. You might also be able to check up on line info.
Expectations may vary from lawyer to lawyer - remember they are trying to assess what they can get out of the deal much of the time - so they will try to get information related to the advantage for them as well.
I learned what I was entitled to and what I wasn't entitled to. I was presented with several options and scenarios. Given a cost scale based on those options. Also given a time frame. I was doubtful at the time that I would be able to afford life on my own with two kids but it made all the difference having the first consultation. When I actually went to file I knew just what was going to happen and what I could do.
Where I live, you can call a lawyer referral service that lets you know who does what and how they do it. I find referrals from friends or family can be helpful. You might also be able to check up on line info.
Expectations may vary from lawyer to lawyer - remember they are trying to assess what they can get out of the deal much of the time - so they will try to get information related to the advantage for them as well.
I learned what I was entitled to and what I wasn't entitled to. I was presented with several options and scenarios. Given a cost scale based on those options. Also given a time frame. I was doubtful at the time that I would be able to afford life on my own with two kids but it made all the difference having the first consultation. When I actually went to file I knew just what was going to happen and what I could do.
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Thread Starter
Join Date: Feb 2008
Posts: 115
Thank you to everyone that responded and took the time to give me advice. I didn't know where to start, and it all feels so overwhelming. I do worry about how I will be able to support our son alone. It has been one of the things that has kept me stuck. I will take your advice it has been helpful.
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Join Date: Mar 2009
Posts: 1,334
I had a couple of lawyers talk to me free. We kept our seperation/divorce pretty simple and cheap. We (he) wrote the seperation agreement. Everything 50/50. It was fair or I would not have signed it. So we saved $ there....lawyers didn't have to go back and forth much. Every phone call/letter was $. We used a different lawyer to file the actual papers. $400.
A work in progress
Join Date: Jul 2010
Location: South Jersey
Posts: 16,633
I did the same as Carol. When you agree on things, it's a lot cheaper and easier. My husband's lawyer was cheaper, so we had him draft the agreement we had worked out. My lawyer read it and suggested a few changes--nothing that created a problem. His lawyer made the changes, my lawyer read it again. We totalled the legal fees and split them evenly.
We both walked away feeling we had a fair agreement. We have never had a single dispute about anything involved in the divorce.
We both walked away feeling we had a fair agreement. We have never had a single dispute about anything involved in the divorce.
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