What Are Some Questions a Top Divorce Attorney Will Ask?

Chris Wise
November 16, 2023
7 min read

If you’re going through a divorce, you probably have a lot of questions for your attorney—like what a divorce will mean for your children, home, retirement, and debts. Your attorney will have a lot of questions, too, though, and you’ll need to be prepared when you meet with them. To help you prepare, we put together a list of some of the questions any top divorce attorney will ask you in your initial consultation:

A Divorce Attorney Will Ask; What is your current living situation?

Couples going through a divorce experience different kinds of living situations, depending on whether or not they’re already separated and a number of other factors. It is important for your family lawyer to understand your current situation and whether or not it is working for you.

Some other questions they will ask in regards to your home include:

  • Are you renting or do you own your home?
  • What is the current cost of housing?
  • Is your house titled and are you both on the title?
  • Are you both on the mortgage?
  • What is the mortgage versus the equity in your home?
  • Do you want to stay in the home?
  • Do you want to sell the home and split the profits?
  • Is there any other real estate in either or both of your names?

Understanding every aspect of your current living situation and how you want to divide (or not divide) your real estate is an important step to finding the best outcome for you and your family.

Are there minor children involved?

We understand that dealing with children as a part of your divorce can be very stressful and emotionally draining. Your family lawyer can help you find the best solutions for your family. Children under 18 still require a great deal of care, and if you and your spouse have minor children, then you and your attorney will need to figure out a parenting plan. Moreover, it is important for your divorce attorney to be prepared for any child custody or child support issues that may come up in your case.

Here are a few other questions that your divorce attorney may ask about your children:

  • How do you and your spouse divide childcare duties?
  • What is your work schedule and any other obligations outside your home life?
  • How much time do you spend with your children now?
  • If you’re separated, what child custody arrangement do you have now?
  • Are there any exceptional circumstances with your children, such as special needs, educational requirements, or health issues, that might affect custody decisions?

We know how important your children are to you, and our team is dedicated to helping you do what is best for them. Any top divorce attorney wants to ensure stability and happiness in your lives after your divorce.

What caused your divorce?

While most states offer "no-fault" divorces, meaning you don’t have to prove your spouse did anything wrong to file for divorce, it is still important for your attorney to understand what led to your separation. If one spouse wronged another, especially as it pertains to finances or domestic violence, then that could have implications on alimony payments or the division of assets.

In addition, here are a few other questions you may be asked:

  • How long have you been separated?
  • Are you concerned for your safety or the safety of your children?
  • Is alimony an issue in your case?
  • Do you want alimony?
  • Are you concerned about paying alimony?

How do you want to divide your assets?

The first step to understanding your assets and debts is to make two separate lists. One with your mortgage, cars, bank accounts, retirement account, other real estate and major property, and any other items of value (electronics, jewelry, etc.) The second list will include your mortgage, car loans, credit cards, student loans, and any other liabilities.

To better understand what you want out of the division of assets, your attorney may ask some of the following questions:

  • Have you already reached an agreement about any of your assets?
  • Were any of your assets owned before the marriage and maintained separately from your marital assets?
  • Which assets do you want to keep?
  • Which assets would you be willing to concede to your spouse?
  • Whose name or names are on the debt obligations?
  • Did you acquire debt specifically to contribute to the household

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What does "success" mean to you?

Any top divorce lawyer will want to understand what your goals and concerns are for your divorce. At Wise & Associates, we go above and beyond that. We want to know what success looks like to you from day one, so that we can progressively work toward a better solution for you and your family.

We will go over each of the above categories and discuss at length what your goals for each step are. How you want to parent your children in the future, what you want to do with your home, how you want to divide your assets, and more. When we know what your priorities are, it makes it easier for us to focus on what’s important to you and prepare a strategy to help you achieve those goals.

No matter whether it's a contested divorce or a dissolution (uncontested divorce), divorce can be a stressful process. When you're looking for guidance and support through your divorce, trust Wise & Associates as your divorce attorney. We focus on compassion and communication to support you through the many questions and concerns you have. If you have questions about going through a divorce, schedule an initial consultation with us.

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