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In terms of emotional pain and stress, studies show that going through a divorce ranks second only to the death of a loved one. One of the stressors involves the necessity of being involved with the legal system; a system most people want to avoid. The following will assist in making the initial meeting with a divorce lawyer productive.
How to Find A Divorce Lawyer
 One of the first things to do when either contemplating divorce, or being served with divorce papers, is to get the right divorce lawyer. You should feel comfortable with and feel able to trust your counsel. This relationship fit is important as you and your divorce attorney will be working together closely during the dissolution process making important decisions affecting the most core issues of your life: your children and your financial stability. Most people find their lawyers through a referral from a friend or another person who has been through a divorce. Other professionals with whom you conduct business or have relationships with, such as your accountant, therapist or even your priest or rabbi, may have suggestions as well. The Arizona State Bar ís list of lawyers who are certified to practice in family law can be found at www.azbar.org/LegalResources/findlawyer.cfm and the American Academy of Matrimonial Lawyers list of fellows practicing domestic relations in Arizona can be found at www.aaml.org. Lawyers on both of these lists have special expertise in the field of domestic relations, and maintain practices concentrating in family law as opposed to lawyers who handle only a few divorces a year.
Important Questions to Ask
Most divorce lawyers charge for the initial consultation so it is important to make good use of the time and to gather as much information as you can from the consultation, as well as letting your lawyer get a handle on the facts involved in your case. Be prepared: bring a list of questions so that the time you have with your potential lawyer is effectively used and you leave the meeting more knowledgeable about the process.
- How long have you been practicing family law? Do you have any certifications or specializations?
- How many cases do you handle in family law? How many cases have you tried?
- What is your position regarding alternative dispute resolution and mediation? Is there an alternative to going to court?
- What other lawyers or support staff will be working on my case? Do you work with child psychologists or accountants? What are their hourly rates?
- What is the process of divorce? How long will it take? Does it matter who files?
- How much will my divorce cost? Will my spouse have to pay for it?
- Will I have to pay or will I receive spousal maintenance?
- Will I have to pay or will I receive child support?
- What are the differences between joint and sole custody?
- Does my child need a lawyer?
- Can I keep the house? How will my property be divided?
- Can I continue to use the joint credit cards? Who will pay the debt during the litigation process and afterward?
- What is expected of me during the process? What do I have to do? How do I keep in touch with you?
- What can I do during the process: can I move out of the house, can I move out of the state, can I empty the bank accounts, can I quit my job, can I bring my new girlfriend over?
Know Your Goals and the Facts of Your Case
This is also the time that your divorce lawyer begins to think about how to proceed and prepare your case. It is important that you give your lawyer an accurate factual picture of your case and have also given some thought to your goals. For example, you may want to keep the house or keep the children in private school. Write down all of your goals and discuss this list with your lawyer at the initial conference. Your lawyer can give you advice about whether those goals are achievable within the context of the facts and law applicable to your case. This conversation will help you understand what the law or the court will or will not be able to do for you. It will help you and your lawyer define realistic goals of the litigation and provide you with realistic expectations of the divorce process.
Documents to Bring
To help your divorce lawyer with an accurate factual picture, you should bring documents to the initial appointment. In every divorce case an Inventory or Property and an Affidavit of Financial Information will need to be completed. These are court approved forms and can be found at the Arizona Supreme Court website at http://supreme.state.az.us/selfserv/ARFLP_forms.htm. In addition to completing those forms as best you can, and although you will be collecting and gathering documents throughout the divorce process, it is important to bring a few key documents, or documents in which you believe may disappear once you file for divorce. The following are not essential, but may be helpful at the initial consultation to give your lawyer an understanding of the issues in your case. If you do not have access to the documents or do not have time to gather them, don't fret, the documents can be requested through the discovery process.
- Income tax returns, including state and federal personal, partnership, business or corporate returns along with W2 statements, 1099 and K-1 forms;
- Other forms of income identification including payroll stubs, contracts and the like;
- Ledgers and records from a sole proprietorship;
- Financial statements or applications for loans;
- Wills and trust agreements;
- Insurance policies insuring the life of either party and other insurance including health, accident, motor vehicle and property insurance;
- Credit Card debt statements or other documents showing outstanding debt;
- Banking information, including monthly bank statements, check registers and your electronic money management statements;
- Retirement statements;
- Prenuptial agreements and other agreements made with your spouse;
- Deeds to real property and other documents regarding property such as invoices, contracts, appraisals, titles and the like;
- Police reports if domestic violence is an issue; and
- Documents regarding children, such as birth certificates, medical reports, individual education plans if applicable, school records, therapy notes, and day care and medical expenses.
Going through a divorce is never easy, but finding a divorce lawyer with whom you trust as well as feel comfortable and getting good advice regarding the particular facts of your case from the beginning may make the process one that can leave you feeling empowered to confidently close one chapter of your life and courageously begin a new one.
About Laura Belleau: Arizona Journal of International and Comparative Law. Author: "Practical Pointers Litigating Domestic Emotional Distress Claims," Fairshare, 1997; "The Violence Against Women Act and Its Impact on Domestic Torts," Journal of American Academy of Matrimonial Lawyers, Spring 2000. Judge Pro Tempore, Pima County Superior Court, 2001-. Member, Board of Directors, Planned Parenthood of Southern Arizona, 1996-2001. Member, Board of Directors, Sporting Chance, 1994-. Member, Morris K. Udall Inn of Court, 1995-2000. Fellow, American Academy of Matrimonial Lawyers.(Certified Specialist, Family Law, Arizona Board of Legal Specialization) Partner in Karp, Heurlin & Weiss, Tucson, AZ. http://khw-law.com/
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