You’ve made the difficult decision to end your marriage and get a divorce. Now what?
The first thing you need to do is find the right legal representation. Finding the right lawyer can be stressful, but having a divorce consultation checklist prepared will help you make this important decision. Ensuring you have an experienced and dedicated lawyer on your side is crucial. A divorce lawyer can help you protect your assets, retain custody of your children, and ensure you receive a fair settlement.
At Epstein & Associates, all of our Divorce Lawyers offer an initial 30-minute complimentary consultation. The purpose of the consultation is for you to see we are the right people to represent you and your interests and for us to familiarize ourselves with the details of your case.
To ensure you get the most out of that initial consultation, come prepared. A successful consultation paves the way for successful collaboration between you and your lawyer. Here is our ultimate divorce consultation checklist to help get you started:
Provide All Relevant Documents
Your consultation will begin with the lawyer asking you the details of your case. This may include how long you have been married, whether you have any children, what type of property and other assets you share with your spouse and the reason for the divorce. In order to understand and evaluate the full scope of the case, the lawyer may also wish to review relevant documents:
Marriage Documents
Your lawyer will want to see your marriage certificate to validate that you and your spouse are legally married (common law spouses are not eligible for divorce in Ontario) and review the details of when and where the marriage took place. Any pre-nuptial agreements in place or proof of previous marriage, divorce or death of spouse should also be included.
Property Documents
A large portion of the divorce process centers around finances, particularly the division of property and assets. Your lawyer will want to know the details of any property and assets you purchased together as a married couple as well as any property and assets you purchased individually prior to getting married. This may include mortgage documents, leases, and rental agreements.
Income Related Documents
Divorce proceedings may include court-order spousal support. In order for details and amounts to be considered and calculated, your lawyer will need to review your income-related documents. This may include employment records, pay stubs, tax returns and records of additional income from other sources or investments. Equally as important to include are any documents detailing debts – both shared and personal.
Dependants Related Documents
Children and other dependents add an additional layer to the divorce process. It’s important for your lawyer to have access to any documents relating to the existence of children or other dependents in the marriage. This may include birth certificates, adoption papers, previous child custody agreements or documentation of special care needs.
Additional Documents
Your lawyer will also want to see any documentation pertaining to other legal matters you and your spouse may be involved in – now or in the past. This may include things like a restraining order or previous divorce filings if applicable.
Relevant Facts or Evidence of Wrongdoing
In Ontario, you must meet one of the three grounds for divorce in order to begin divorce proceedings:
- You have been living separate and apart for one year (or more);
- Your spouse has been physically or mentally cruel to you; or
- Your spouse has committed adultery.
In order to represent your best interests in the case, your lawyer will need all relevant details as well as any evidence that may exist to substantiate your reason for divorce. This may include police reports, photos or videos.
Have Your Questions Ready
Once your lawyer has all the details of your case, it’s your turn to ask questions. You will want to ask questions that will help you determine if the lawyer is the right fit for you and your case, as well as questions you may have about the actual filing and proceedings. Here are some questions you may want to consider asking:
Do you specialize in divorce?
There are many different types of lawyers practicing various types of law. When it comes to divorce, a specialization in family law is crucial. You want to ensure that the lawyer you retain to handle your divorce is an expert in family law so that you are properly represented.
How will your team work together to achieve my goals?
While it won’t be possible to get into the weeds of how your lawyer will proceed with your case, they should be able to provide a broad-strokes overview of their plan of action. They should also be able to share with you how they plan to leverage various skill sets from members of their firm to effectively put that plan of action into effect. Overall, you want to feel as though you are in good hands.
How long do you expect this process to take and how much do you anticipate it will cost?
The answer to this question will depend on the specifics of your situation, but your lawyer should be able to provide their professional opinion. Similarly, the total cost of the case will vary depending on the details, however, your lawyer should be able to break down for you how you will be charged and for which services. You want to leave the consultation with clarity on how your lawyer will work for you and your interests and confidence that you will be billed accordingly.
Are there any steps I should be taking right now to protect myself?
You should leave your consultation with some idea of your next steps. It may be as simple as collecting additional information. In cases where you feel afraid for your safety or the safety of any children or dependents, more severe action may be advised. Your lawyer should be able to provide initial details and directives on what to do to ensure you remain safe.
With the information you have right now, how do you predict a judge may rule on my case?
Predictions are not guarantees, of course. Your lawyer should be able to use their legal expertise and past experiences to give you a sense of what you may be able to expect in court.
Is there a chance of settling out of court?
Based on the details of your case, your lawyer may be able to suggest an approach that keeps your case from getting to court if it is appropriate. This may include mediation also known as collaborative law. If you and your spouse are able to reach an agreement on all aspects of the divorce outside of court, you may be able to file for an uncontested divorce, which is both quicker and cheaper than a contested divorce.
How can I contact you if I have any questions?
You will want to leave your consultation feeling confident that you are able to reach out with any questions or concerns at any time during the process. This may include a means to contact your lawyer directly, or details of an assistant to reach out to if your lawyer is occupied.
A 30-minute consultation will move quickly. Ensuring you are prepared using our divorce consultation checklist will help you get the most out of your initial consultation. With the right divorce lawyer in your corner, you can ease some of the stress and burden that comes with filing for divorce. The divorce lawyers at Epstein & Associates each have different areas of legal expertise; contact our office to book a complimentary 30-minute consultation to find the right lawyer to represent you and your interests in your divorce.
This blog is made available by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns please contact us now and speak to an expert today.