The Initial Consultation: What to Expect From The First Appointment With Your Lawyer

At The Law Office of Jonathan T. Day, PLLC, we understand that no one envisions themselves sitting across the desk from a divorce lawyer. In order to find yourself at our office, your life has likely reached a level of such turmoil that you do not know where to turn or what to do next. It is not uncommon to feel distraught and anxious about the first meeting with your attorney. Here we hope to set your mind at ease by letting you know what to expect from that first meeting, and how you can prepare yourself to make it as productive as possible.

At an initial consultation, your attorney will try to determine a number of things, such as:

• What are the reasons for the divorce?
• Is there a provable fault ground for which either party could be granted a divorce?
• Who has played the predominant role in child rearing?
• The financial situation - getting a general picture.
• The client's goals and objectives for the representation. What does the client want to achieve? What would be their best-case-scenario or most desired outcome?

Once the attorney has an idea of the facts, he will advise you on the laws of divorce, separation, division of property, child custody, and spousal and child support. After informing you of the law, your attorney will lay out possible alternative courses of action, and discuss the next steps after determining which direction is in your best interests and consistent with your goals. You do not have to decide right away. This is a big decision and we understand the need to carefully consider your options now that you have been informed of your rights.

In some cases, however, clients are here because they have decided what they need and are ready to take action. These are some things you can bring to your appointment to ensure the initial consultation gives your attorney an opportunity to get your case off to a good start:

• Court Documents: Has there already been a court filing? Has your spouse already filed for divorce and served you? It is critical that you bring whatever court documents you have to the consultation, and know the date on which you received them. If you are seeking post-divorce relief, it is crucial that your bring the last order entered by a court.
• Financial Documents: In addition to getting a general financial picture, the attorney will be interested in determining what assets were acquired prior to the marriage, what assets were acquired during the marriage, and which assets - if any- were acquired by gift or inheritance. Some relevant documents to bring to the appointment include:
• Any financial statements prepared for lenders. (Ex: financial statements filled out as part of a loan or mortgage application.)
• The most recent pay stubs for both parties - if available.
• The most recent statements for any savings accounts, stocks, pension plans, and retirement accounts.
• Tax returns for the last three years.
• A social security earnings history - if available.
• A Timeline of Events From The Marriage: This can be pretty basic for the initial consultation.
• Proof of Fault: Any evidence that you may have of misconduct by your spouse that could give rise to a fault ground for divorce. (Ex: telephone records, copies of Facebook posts/Tweets, video or audio recordings, letters, pictures of bruises or other signs of abuse, bills from doctors or psychiatrists as a result of abuse.)
• The Truth: We know that it is tempting to withhold what are generally considered private details from your attorney - especially those you may consider to be embarrassing or those that would reveal fault. However it is absolutely crucial that you reveal all relevant information to the attorney and answer your attorney's questions as fully and truthfully as possible. Remember that this is a safe space and we are not here to pass judgement. Keeping information from your attorney does not protect you. Your attorney needs to know all of the facts to devise the best case strategy he can to protect your interests. You do not want your attorney to hear anything for the first time when your spouse brings it up at trial.
• Payment: Frequently it is important that your spouse does not know about the appointment. Seek a payment method which would be difficult or impossible for your spouse to detect, such as cash, cashier's check, money order, or by check from an account to which your spouse does not have access.

We know meeting with a family lawyer is not easy. Hopefully by knowing what to expect and being prepared, you can alleviate some of the stress associated with the initial consultation. If you wish to educate yourself further on divorce issues prior to your first appointment, be sure to browse the posts on this blog.