My husband asked for a divorce last weekend. He is a business owner and I am a stay at home mom. We have a child with Autism. I am the primary caregiver and take care of all our child's appointments, therapies, school IEP's, meetings, etc. It is a full time job to do that and take care of the household. I am terrified of the financial implications with the divorce and am extremely concerned about being able to continue to provide services for my son. He needs the stability of having me at home, especially with is father leaving us. We both want to minimize the conflict and be as amicable as possible. Is there anything I need to gather while looking for an attorney? What are some things I should bring up when consulting with an attorney? What are some things to look for in a good attorney? Or, for that matter, what are some things I should watch out for when looking for an attorney?
Brian Daniel PerskinDivorce / Separation LawyerNew York, NY ·
You should start to gather financial and insurance documents now, in case your case becomes contested. If you own a home, make a copy of the deed and monthly bills.
You need to be able to trust your attorney, and feel comfortable around them. Read reviews, and click through their website.
Best of luck!
Although it can be helpful when consulting with attorneys to have as much information about the finances as possible, you shouldn't put yourself under too much extra stress trying to get things like business documents, because that will all come out in the discovery phase. What you definitely need are the documents required for temporary orders, which will keep you going until the trial (or, hopefully, settlement). King County court rules require both parties to produce basic financial documentation including past tax returns (2 years), proof of income (paystubs or equivalent for past 6 months), and bank statements along with a financial declaration (you can download the form, "FL All Family 131," here: http://www.courts.wa.gov/forms/?fa=forms.static&staticID=14#FamLawForms so you can start on a draft while looking for an attorney).
I agree with the previous attorney about trust being the most important aspect of the attorney-client relationship. It is a very personal decision, because you are going to be working very closely with this person about the most intimate aspects of your life for possibly a year or more. (When you file in King County, you get a trial schedule that is 11 months out, and most cases settle before then, but if you have to go to trial, continuances are not uncommon.) For some people, having an attorney with the most years of experience who comes with a team of assistants and paralegals offers them the most confidence; for others, having a solo practitioner who will be the one person they always talk to throughout their case offers a better sense of security. You should make sure your case fits within the attorney's case load to they can give it the attention it deserves, and that they are comfortable collaborating with experts, as business valuation can be complicated.
Good luck!
I agree with my colleagues who have responded and I would encourage you to search for an attorney trained in Collaborative Law. There are different ways to move through the divorce process and some are more adversarial than others. Collaborative Law attorneys are required by statute to discuss all of the options and help you consider the pros and cons of each approach. Many will meet with you to provide this basic information at no cost. It will be very important for you to choose an attorney who will align with your values and also to select a process that will support your goals and interests.
