5 Things to Expect at Your Initial Consultation with a Divorce Attorney

Clients often experience a mix of emotions as they prepare for an initial consultation with a divorce attorney. Among them is fear of the unknown. What will my consultation with my divorce attorney be like? What should I do beforehand to prepare? Read on as family law partner, Meg Rosan, explains 5 things you should expect at your initial consultation.

1) It May Feel like an Interview

One of the most important things your prospective divorce attorney will be doing is gathering information from you.

We ask about the history of the marriage; the nature of the breakdown of the marriage; whether there is any history of domestic violence or substance abuse; what are your financial needs and resources; what is the earnings history of both parties; what assets have accumulated during the marriage; and to what extent does either party have non-marital assets such as inheritance or funds held in trust.

We ask questions about your children. Where do they attend school? Do they have any medical issues or disabilities? Are they in therapy? Are there any disagreements between you and your spouse regarding any major issues impacting the children? With which parent are the children most bonded? Who typically attends parent-teacher conferences, medical appointments, etc.

Don’t be surprised if we ask you to tell us what your spouse would say about you if it was your spouse in the consultation instead.

In short, you should anticipate doing lots of talking!

2) We Want to Understand Your Goals

Any good divorce attorney wants to understand your goals.

For example, is it absolutely essential from your point of view that you stay in the marital home for one reason or another? Do you have immediate concerns about protecting yourself – physically, financially, or emotionally – or the children from any future action of your spouse? Are you at risk of being “cut off” financially? Or, are you willing to sacrifice a portion of the marital assets if in exchange your spouse is more willing to resolve matters amicably and efficiently?

Perhaps surprisingly, we will also ask if you have any lingering hope that the marriage could be salvaged. It is not uncommon for clients to consult with us to gain a better understanding of the law at a time when they are considering divorce, but then ultimately decide to stay in their marriage.

Don’t be afraid to openly and honestly share your goals and objectives.

3) We’ll Explain the Law

Your prospective divorce attorney will give you an overview of the relevant laws in your jurisdiction, and how they could impact you based on your family’s circumstances.

For example, in Maryland and D.C., we explain the best interest of the child standard, provide a definition of ‘marital property’, and an overview of ‘equitable distribution’ of marital assets.

4) We May Give You Some Immediate Action Items

Your prospective divorce attorney may make initial recommendations for immediate action.

For example, if your spouse has threatened to drain a bank account, we may recommend you set up an account in your name only into which you transfer some funds and/or begin having your earnings direct deposited into an account in your name. In some cases, a temporary restraining order may need to be considered.

In cases involving domestic violence, we explain the process of securing interim or temporary protective orders, which often doesn’t involve attorneys.

We may recommend you adjust your contributions to retirement accounts or other savings or investment accounts.

We may suggest you consult with a therapist or discuss with your spouse the possibility of having your children meet with a therapist if circumstances warrant. And if you are being accused of abusing substances, we may recommend an evaluation or specialized treatment.

We may recommend you spend some time gathering documents or investigating your spouse’s conduct (through a private investigator, forensic accountant, or otherwise) before bringing to their attention that you are considering divorce or have consulted an attorney.

In some circumstances, we may even need to make a safety plan to address concerns about the other parent’s actions and their impact on the children.

5) We May (But Likely Won’t) Ask You to Bring Documents

Attorneys love documents! But unless there is a prenuptial or postnuptial agreement in place, you likely won’t be asked to bring many documents to your initial meeting.

A prenuptial agreement or postnuptial agreement, if in effect governing you and your spouse, would be important to bring to your initial meeting or even provide in advance of your meeting, so that your prospective attorney can explain the legal and practical impact of the provisions of such a document.

Outside of a pre-nup or post-nup, it is rarely necessary for a prospective client to bring financial statements or other documentation to any initial consultation.

If you are considering divorce, or looking to understand your rights under the law in Maryland or D.C., feel free to reach out to the family law department at Bulman Dunie Burke & Feld, Chtd. to schedule an initial consultation in person or by Zoom. We’re here to help!