Divorce is an intense process that can leave deep emotional and financial scars. You can protect yourself during this process if you gather as much information as possible so that you are prepared to make the right informed decisions for your future. Much of the information you need can be provided by your divorce attorney–but you may need to ask to get it.
At Holstrom, Block & Parke, APLC, we understand the emotional and legal complexities involved in divorce. With 300+ years of collective experience, we can anticipate many of the questions our clients have, but every situation is unique, so there will still be concerns that go unaddressed if clients do not bring them up.
The bottom line is that we encourage you to ask questions to protect yourself. Here we provide some essential questions to start with, but we urge you to add to this list so that you will be able to gain the information you need to come out ahead in your divorce.
Understanding Your Case and Its Potential Outcomes
Many of the essential questions center on one common theme: What are the likely outcomes of my divorce case? Knowing this information helps set realistic expectations. Every divorce is unique, characterized by its circumstances, challenges, and goals. Understanding the potential legal and financial outcomes early on can provide clarity and peace of mind throughout what can often be a complex process. When discussing your case, consider asking your attorney about how the following factors could influence the outcome:
- How will your strategy for my case be tailored to my specific situation? Our approach is always personalized, considering the nuances of your case, from child custody to asset division, but not every attorney follows this type of approach. Asking about strategy ensures you're on the same page with your lawyer.
- How are our assets and debts likely to be divided? California's community property laws will affect your future financial situation in a number of ways. You should find out which property can be classified as your separate property and which property will be divided as marital property. It is also a good idea to ask how your lawyer will work to protect your separate property and obtain your share of marital property that your spouse might claim should be their separate property.
- How long do you expect my divorce to take? Timelines can vary, but we try to give our clients an estimated timeline based on our experience with similar cases, to help plan for the future. Ask your attorney for an overview of the process and the factors that could cause your divorce to procced more quickly or take more time.
- How do you foresee child custody and support being determined in my case? To get an accurate answer, you will need to discuss factors influencing custody decisions and support calculations. When parents agree on arrangements that serve their child's best interests, the process is less contentious and more cost-effective, and often leads to a plan that meets the needs of everyone involved.
- Am I eligible for spousal support, or will I have to pay it? Your attorney should evaluate your situation to provide insights on potential spousal support outcomes. You should prepare to discuss the factors the court considers when determining spousal support, such as the standard of living during the marriage and each spouse's earning capacity. Follow up questions can focus on how much alimony payments might be and how long they should last. This will depend on a variety of factors including the length of your marriage.
- How do you handle disputes that arise during the divorce process? Understanding your attorney’s preferred approach will be crucial to establishing your expectations about the process. At Holstrom, Block & Parke, APLC, we aim to negotiate amicably while being prepared to represent your interests assertively if disputes become contentious. This includes implementing effective negotiation tactics to achieve favorable agreements on contentious issues and developing litigation strategies designed to achieve the best possible outcome in court.
Communicating with Your Lawyer
Your lawyer can serve as a lifeline in many ways during the stress and uncertainty of the divorce process. You need to ask the right questions to keep your relationship on track.
- How will we communicate throughout my case? At Holstrom, Block & Parke, APLC, we prioritize clear and timely communication, ensuring you're informed and involved at every step. But some attorneys set limits on the timing of questions and the preferred mode of communications. For instance, they might prefer that you limit your questions to email on Tuesdays or phone calls on the second and fourth Wednesday of the month.
- What is the estimated cost of my divorce? While predicting the exact cost is challenging, your attorney should be able to provide an estimate or range after considering various factors such as the case's complexity and duration.
- What are the payment expectations? If you understand when and how payments should be made, you will prevent potential problems later that could interrupt the procession of your case.
Feel Free to Contact Holstrom, Block & Parke, APLC with Your Questions
Divorcing in California presents many legal challenges, especially when significant assets or children are involved. Holstrom, Block & Parke, APLC is here to help if you need guidance through this complex process. Call us today at 855-426-9111 or online to schedule a consultation with our team. Let us ensure your rights and interests are protected every step of the way.
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