Three Things to Do Before You Consult with a Divorce Lawyer

by Harvey L Cox

If you're planning to file for divorce, you should understand how to best work with your divorce lawyer. There are three things you can do to simplify the process while saving money.

1. Organize Your Documents

One of the first things your divorce attorney is going to request that you do is organize a list of your marital assets and liabilities. Therefore, organizing your documents is one of the most effective things you can do before you talk to a lawyer.

To get well organized you'll need written evidence proving all assets and liabilities you and your spouse own. Examples of the kind of documents you'll want include bank statements, credit card statements, loan documents, deeds, car titles, etc.

You should also have copies of your tax returns for the last few years, statements for your retirement accounts, pension plans and IRA accounts.

You want to be especially careful to document any property you had when you got married or that you may have received as an inheritance. That property is your separate property and is not distributed with the marital estate. You do, however, need the documents to prove that it's your separate property.

2. Set Your Priorities

It's very easy to get bogged down in the process of obtaining a divorce. You can avoid that by determining priorities. In other words, determine what is important to you.

Accept the fact that all the marital assets will be divided. You just need to determine what you want to keep and what you're willing to let your spouse have. But don't get carried away. You're not going to get to keep everything you want. Your spouse will also get some things.

If you have children, make up your mind in advance whether you want custody. If you do, formulate a reasonable visitation plan for your spouse. If you don't want custody, design a fair plan for your visits. Child custody and visitation are the matters that frequently cause divorces to stall and drag out for months or years.

3. Be Reasonable

Approaching your divorce as a rational person will help you resolve the case rapidly. You do want to get on with the remainder of your life, don't you? To be rational you'll have to think of what's important to your spouse, not just what's important to you.

While you may detest your spouse, you still have to achieve an agreement on the division of marital property, the residence, child custody, support and visitation. A huge part of the success of such agreements depends on how rational you are in the negotiation process.

Don't view your divorce as a contest. You may end up with a 50/50 split when the dust settles. But, having your priorities set along with a rational approach will in all likelihood mean that you get the things that are most important to you in that 50/50 division.

Don't forget that you're paying your divorce lawyer by the hour. You'll be able to finish your case quickly, keep your legal costs low and maintain your personal sanity if you'll simply get organized before you file, determine your priorities in the case and maintain a reasonable approach in your negotiations.

About the Author
Harvey L. Cox is a licensed attorney, certified mediator and founder of NoLegalese Publishing, a premier self-help legal publishing web site. If you want to know more about your legal rights without the confusing lawyer-talk, go to NoLegalesePublishing.com