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PREPARING FOR THE FIRST MEETING WITH YOUR ATTORNEY OR DIVORCE MEDIATOR
If you are considering consulting an attorney or a divorce mediator, then you are experiencing a difficult time in your life An attorney can help you through this stressful experience, but you must help your attorney.
Your attorney will use the information you provide to present your case to the court. Based on the information you provide, the attorney will use his best efforts to obtain a satisfactory settlement, or if necessary, to try the case. Many people are surprised to learn that the law is not as they thought, or they don't anticipate the factors which may impact on their situation. An experienced attorney is trained to work with you to apply the law to the facts of your particular situation and to work with you to obtain the best results possible.
WHAT SHOULD YOU BRING TO THE FIRST MEETING WITH YOUR ATTORNEY?
Here are a few lists of information or items to bring to the first meeting with your attorney. The attorney may ask you for additional material or information as the case progresses, or depending on the course your case may take. Some of these items may seem silly, but you would be surprised at the simple facts of which people are not always aware.
DIVORCE AND MEDIATION CASES
- A history of the marital relationship, including dates of any acts of adultery, cruelty, separation or abandonment, or court decrees or judgments affecting the marriage;
Your employer's name and address;
- Your spouse's employer's name and address;
- Copies of your last four pay stubs;
- Copies of your income tax returns for the last two years;
- Information regarding real estate, including the marital home or other property owned by either spouse;
- Names of banks, with savings and checking account numbers and amounts on deposit in each;
- Names of brokerage accounts, including account numbers, type of securities in each account, and the current value of the accounts;
- Values of insurance policies, including the names of the insurance carriers, the policy numbers, the type of policy, the face value of the policies, and the names of the beneficiaries;
- Description of other valuable property, such as jewelry, artwork, or collections;
- Pension information;
- List of all debts, including amount owed, to whom, account numbers, when they were incurred, when due, and whose name they are in;
- Your place of birth and your social security number;
- Your spouses place of birth and your spouse's social security number;
- Your children's names, dates of birth, and social security numbers;
- If you are the husband, know your wife's maiden name;
- The place, including city, county, and state where you were married;
- The date of your marriage;
- Information about any prior marriages of either party, including the dates those marriages ended;
- The date you stopped living with your spouse;
- Copies of any domestic agreements, such as a prenuptial agreement or a separation agreement;
- Information about previous legal proceedings involving any of the children of either spouse;
- Your level of education and your spouse's level of education.
SALE OF REAL PROPERTY
- A copy of the deed to your house;
- The name and address of your real estate broker;
- The names, addresses, and account numbers of all of your present mortgagees;
- The name and address of the buyer;
- The name and address of the buyer's attorney;
- Your social security number.
PURCHASE OF REAL PROPERTY
- The full addresss of the house;
- The seller's full name and address;
- The seller's attorney's full name, address, and telephone number;
- The real estate broker's name, address, and telephone number;
- A copy of any binder you may have signed;
- Information about your mortgage application;
- Your social security number.
YOUR INFORMATION IS PROTECTED
Any information you provide to an attorney is privileged and protected by the attorney-client relationship. Any information you give to a divorce mediator may be revealed to the other spouse. No information which you provide will be revealed to anyone outside the case without your authorization or as required to attempt to obtain your goals. It is imperative that you be fully honest with your attorney and that you provide all requested information so that he or she can help you.
ASK QUESTIONS!
Feel free to ask questions! Make a list so you don't forget what you want to ask. The adage, "There are no dumb questions," is true. Your attorney does not expect you to understand all of the issues or legal terms. It is the attorney's job to explain things to you and to avoid complicated or technical legal language. If you don't know the meaning of a term, or if you don't understand a procedure, ask for clarification. You need to understand everything that is going on so you can make the best decisions possible.
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