Unfortunately, you and your spouse have discussed the issues and problems with your marriage and decided that it would be best to get a divorce. What do you do now? What are the next steps? Essentially, you’ll want to contact an experienced divorce and family law attorney and schedule a consultation to discuss your case and your options.
In a previous post, we shared the best questions for hiring a divorce attorney during the first consultation, but what questions do you ask a lawyer about your marriage and the divorce itself?
Our team has compiled a list of the top five questions to ask your attorney as you dig during the divorce process and how your marriage can affect the outcome of divorce.
1. Do I have to move out if my spouse told me to? No, you do not have to move out. Unless and until your spouse gets a court order granting them exclusive possession of the residence, you have the same marital right to live in the house as they do. This even holds true when the title of the home is in your spouse’s name only.
2. What are your feelings about joint custody versus sole custody? In a case involving children, you’ll want to be candid about your situation and the relationship with your children. An experienced family law and divorce attorney will exemplify their knowledge of child custody laws, and be able to offer their best recommendations and honest opinions based on the situation and your case.
3. What can I do to keep the cost of my divorce down? A burning question that many divorcees face is keeping the cost of your divorce at a minimum. To avoid a financial scare, communication will be key. Be completely honest with your lawyer about your expectations and your financial situation. Ask yourself these questions:
- What are my needs?
- What do I want to accomplish from my case?
- How much can I afford?
From there your lawyer should be able to provide an estimate on fees and a breakdown of costs.
4. What resources do you make available to clients to make the divorce process less stressful and painful? Exceptional lawyers will serve as your advocate and help provide the right resources to get you through this difficult time. From a legal and personal standpoint, this is a very important question to ask your lawyer. Your divorce lawyer should be able to connect you with credible sources on their website such as a blogs and success stories, offer recommendations including counseling and therapy, as well as connect you with divorce tools provided by the state. This will foster more confidence and ensure that you are comfortable with your lawyer as you go through the divorce process.
5. Can I date before the divorce is final? Many clients think they can’t date or be in a relationship during their divorce. Legally speaking, you can date since the court cannot consider dating in determining financial and property issues. However, dating may cause harm during negotiation especially if this brings anger, frustration, and pain to the ex. Be mindful during the divorce process and respect each other's path. In addition, having an open line of communication about your status and not overtly sharing your relationship will avoid complications.
Speak To Our Caring and Experienced Divorce & Family Law Attorneys
If you’re contemplating divorce, our team of attorneys at Stearns-Montgomery & Proctor will help you discuss your case and understand the Georgia divorce process including best practices, success stories, and potential outcomes. With offices in Atlanta, Alpharetta and Marietta, we proudly serve our clients throughout the Atlanta metropolitan area. To schedule a consultation, call us at 770-280-1488 or complete a contact form.