5 Questions to Ask Your Family Lawyer Amy Smith, December 18, 2023December 18, 2023 5 Questions to Ask Your Family Lawyer Image Source: Freepik There are several benefits that come with hiring a family lawyer to handle your divorce. With a reputable lawyer, you’ll benefit from their knowledge and expertise regarding your divorce proceedings if it comes to that. Knowing that you have a legal professional working to secure a better outcome and negotiate on your behalf will also help reduce your stress levels. Here are five questions that a great family lawyer can answer for you. Who Will Get Custody of the Kids? This is one of the most frequently asked questions among couples who are looking to divorce. The truth is, there’s no one-size-fits-all answer to this question. You and your spouse have a unique situation, and your family law attorney will have to assess all the factors that apply to provide you with a more accurate answer. For starters, there are considerations that have to be made, such as the type of custody arrangement you’ll agree on, whether your case will end up going to court, and how amicable your relationship is with your ex-spouse. In most cases, the child’s best interests will take center stage when deciding who will be the primary caretaker. Your Family Attorney will provide you with a more detailed answer once they fully understand your case. Who Gets the House and Who Has to Move Out? Most divorcing couples are vested in knowing how their shared assets are divided. Chances are, your case is no different, so you may wonder who gets to keep the house and who has to move out. This is a great question to ask your family attorney because it enlightens you about your rights. Be sure to provide as much detail about your current living situation with your soon-to-be-ex. If the two of you are not getting along, someone has to move out. Deciding who gets to move out depends on who owns the home, who can afford to keep it, and who will be responsible for the children after the separation. This guide created by a divorce attorney provides great information about who moves out of the house during a divorce. What Happens to Our Bank Accounts And Credit Cards? If you’re going through a divorce, it pays to think about the practical matters, such as what will happen to the bank accounts and credit cards you shared with your spouse. You may be worried about the money in your joint bank account and how it will be shared. Generally, the funds in your bank account should be divided between you and your spouse. Regarding credit cards, in most states, you’ll be deemed responsible for any debt incurred in your name. That said, remember that the law varies from state to state, so it’s a good idea to sit down with a local attorney to find out what the law is in your state. How Will My Spouse Be Served With the Divorce Papers? In order to kickstart the divorce proceedings, your spouse must be personally served with a copy of the documents. Therefore, this is a great question to ask your family attorney. Keep in mind that serving your partners requires a neutral party who is not involved in the case. So if you don’t ask, you’ll have no way of knowing whether your partner will be served at home or work and when they’ll be served. If you can’t locate your spouse, you can serve them through alternate means such as email. In any case, your lawyer will discuss the details with you to determine how best to serve the defendant. In the midst of these legal procedures, there are other aspects of separation or union that may arise. For example, changing your name after marriage is a decision many individuals consider. While some opt to keep their maiden name, others decide to adopt their partner’s surname or even hyphenate. This process can be straightforward, but understanding the legal implications and steps involved can save time and confusion in the long run. How Long Will it Take to Get Divorced? Divorce proceedings can be stressful, so it makes sense that you want to get the process over as soon as possible. Generally, how long the divorce process will take depends on whether your case will go to trial. If you have to go to court, it goes without saying the process will take longer than if you settle out of court. Your attorney should be able to provide you with an estimate based on the details of your case. According to Investopedia, it takes 12 months on average to complete a divorce case from the moment you file to the moment the judgment is finalized. Asking your family lawyer these questions will help you understand how the law applies to this situation. The answers you get will help you manage your expectations and prepare you mentally for what’s to come. Share on FacebookTweetFollow usSave Life courtdivorcedivorce proceedingsfamily lawyerlawyerout of courtsettlementtrial