At a first divorce consultation, a lawyer will ask about five things: where you live and who owns the home, your children and your current parenting schedule, why the marriage is ending, whether you or your children are safe, and what you and your spouse own and owe. The answers tell the lawyer which issues are likely to be contested and what your case will involve. At Wise & Associates, consultations are free and by phone, with the Louisville office handling Kentucky cases and Wise Law in Nashville handling Tennessee cases.
What should you have ready before a divorce consultation?
You do not need every document for the first call, but having these nearby makes the conversation more useful:
- Your most recent pay stubs and last year's tax return
- A rough list of assets: the home, vehicles, bank accounts, retirement accounts, and other property
- A rough list of debts: the mortgage, car loans, credit cards, and student loans
- Your children's current schedule, including school and activities
- Any existing court orders, such as a protective order or a prior custody order
- Notes on the questions you want to ask
Questions about your home and living situation
Where you live now shapes what happens to the home in the divorce. Expect questions like:
- Are you and your spouse still living together, or are you separated?
- Do you rent or own? If you own, whose names are on the deed and the mortgage?
- Roughly what is the home worth, and how much is owed on it?
- Do you want to keep the home, or sell it and divide the proceeds?
- Do either of you own any other real estate?
In Kentucky, spouses must live apart for at least 60 days before a court can finalize a divorce, and that can include living apart under the same roof. Read more about Kentucky divorce.
Questions about your children
If you have children under 18, the lawyer needs to understand how parenting works today, because that is where any custody plan starts:
- How do you and your spouse divide parenting duties now?
- What are your work schedules?
- If you are already separated, what schedule are the children on?
- Do any of your children have special needs, medical issues, or educational needs?
- Where do you want the children to live, and what schedule do you think works best?
Kentucky courts decide custody and timesharing based on the child's best interests, starting from a presumption that joint custody and equal parenting time are in the child's best interests. Tennessee courts adopt a permanent parenting plan that names a primary residential parent. Child support in both states is set by statewide guidelines based on both parents' incomes.
Questions about why the marriage is ending
You may be asked what led to the separation and how long you have been apart. How much the reason matters depends on the state:
- Kentucky is a no-fault state. The only ground for divorce is that the marriage is irretrievably broken.
- Tennessee allows divorce on the no-fault ground of irreconcilable differences or on fault grounds set out in state law.
In both states, marital fault does not change how property is divided, but it can be considered when a court decides spousal support, called maintenance in Kentucky and alimony in Tennessee.
Questions about your safety
A lawyer will ask whether you are concerned for your safety or your children's safety. If the answer is yes, that comes first. In Kentucky, protection may be available through an EPO, DVO, or IPO. In Tennessee, it may be available through an order of protection. Learn about protective orders.
If you are in immediate danger, call 911.
Questions about property and debts
The lawyer will want to know what you own and what you owe, and whether any of it belonged to one spouse before the marriage. Expect questions like:
- Have you and your spouse already agreed on how to divide anything?
- Did either of you own property before the marriage, or receive an inheritance or gift?
- Which assets matter most to you, and which could you let go?
- Whose names are on each debt?
- Was any debt taken on for the household, or by one spouse alone?
In Kentucky, marital property is divided in just proportions, and each spouse keeps nonmarital property. In Tennessee, marital property is divided equitably, and each spouse keeps separate property. Neither state requires an automatic 50/50 split.
Questions about income and spousal support
- What do you and your spouse each earn?
- Has either of you stayed home or worked less to care for the family?
- Are you asking for maintenance or alimony, or concerned about being asked to pay it?
Questions you should ask the lawyer
A consultation goes both ways. Good questions to ask include:
- How will I be billed? Wise & Associates bills staged flat fees, fee for service, never hourly. Upfront fees range from $1,500 to $5,000 depending on the case type and how much litigation is required, and any added stage is priced before it begins. See how pricing works.
- Who will handle my case? In Kentucky, cases are handled by the Louisville office. In Tennessee, they are handled by Wise Law in Nashville.
- How will I get updates, and how quickly will you respond? Wise & Associates responds within 24 to 48 hours depending on the issue, and within 24 hours in most cases. Read how we work with clients.
- What is the likely timeline? An uncontested case can move quickly once the waiting period is met. A contested case usually takes longer.
How to book a consultation
Consultations are free and by phone. Book a time on the Louisville or Nashville calendar, then call the office at your scheduled time: (502) 618-0000 for Louisville or (615) 208-9190 for Nashville.