Three Things You Need to Discuss With Your California Divorce Lawyer

Getting a divorce is an emotional process and can become complicated for those involved. Whether it took months or years to arrive at your decision or you found yourself in a situation where your former spouse was cheating, divorce can be devastating. Navigating the financial and legal challenges associated with getting a divorce only makes the process that much more daunting. Fortunately, working with attorneys who understand how to handle these matters with sensitivity and care can help to minimize some of the blow. If you’re considering a divorce in California, get in touch with an Irvine divorce lawyer who understands your unique predicament and will defend your interests.

For your attorney to advocate for you and negotiate the best settlement terms possible, they’ll need to get an inside view of your finances and your goals for your life post-divorce. Whether you’re a high net worth individual, have children, or are facing a battle with a difficult spouse, having a frank and honest conversation with your attorney about these key issues will get your divorce off on the right track.

Property

When you divorce, not all property falls into the marital property bucket: Only property that was acquired while the marriage was in effect will be up for grabs by both parties. Determining who gets to keep what will be up for you and your attorney to review and decide how you would like to approach the negotiation process. California is a common law property state, which means that any property that is in the name of both spouses will be divided among the spouses: Either your ex will pay you for your half, or you’ll sell the property and split the proceeds. 

Child Custody and Support

Divorce is especially difficult on children, and they, unfortunately, do become part of the equation since parents often have to litigate child custody and support for their children. Part of this process includes designing a visitation schedule, determining how much money the primary caretaker will need to keep their children’s lifestyle intact, and an agreement regarding who is in charge of making major decisions related to their life and wellness. When parents divorce, this is usually the most sensitive element involved in the proceedings. Each parent, after all, wants what’s best for their kids, and they may not always agree on what exactly that is.

Spousal Support

Another major point of contention is often spousal support, particularly where high net worth individuals are involved. While one spouse feels they remain entitled to the trappings of a lavish lifestyle, the other may think that their tastes are too extravagant. Withholding spousal support can also be a form of punishment for many spouses looking for some type of revenge for the pain the other spouse has caused them. Getting clear with your Irvine divorce lawyer about where your former spouse stands is important to winning this complicated battle.

Contact an Irvine Divorce Lawyer Now

Divorce is never easy, but working with an experienced divorce lawyer can make the process go a little smoother. If you’re considering a divorce and need sound advice, contact an Irvine divorce lawyer today.

Frequently Asked Questions

What should be covered in a first meeting with a divorce lawyer?

Three things above all. The full financial picture, including assets, debts, income, business interests, and equity compensation, so the advice is based on reality rather than on a summary. What outcome actually matters to you, since the priorities differ enormously between keeping a business, maximizing liquidity, protecting privacy, and preserving a parenting relationship. And which process fits, because the choice between litigation, mediation, and private judging shapes the cost and the timeline more than any other early decision.

What should be disclosed to your own attorney?

Everything, including the facts that are unfavorable. Attorney-client communications are privileged, and an attorney who learns of a problem early can address it, while one who learns of it from the other side’s filing cannot. That includes assets not previously disclosed to a spouse, transfers made in anticipation of the divorce, conduct that could affect custody, and any prior agreement between the spouses. Surprises discovered mid-case cost far more than the same facts disclosed at the outset.

What questions are worth asking about fees and process?

How fees are structured and what the retainer covers. What the realistic range of total cost is for a case with this financial profile, and what drives it up. Whether a fee contribution from the other spouse is likely to be available. Who at the firm handles which work. How and how often you will receive updates. And what the attorney expects the process to be, since a case aimed at settlement is staffed and sequenced differently from one aimed at trial.

What should be prepared before the meeting?

A list of assets and debts with approximate values, several years of tax returns, recent statements for bank, brokerage, and retirement accounts, business financial statements if applicable, equity compensation grant documents, any premarital or postnuptial agreement, and a note of the approximate date the marriage broke down. Bringing this material makes the first meeting substantive rather than preliminary, and most of it will be required by the disclosure rules regardless.