By Sandra Fava and Eric Solotoff
If you are even contemplating a divorce, planning is essential. Being prepared and keeping perspective, as much as humanly possible, can help you save time and legal fees while protecting your
and your children’s interests.
- Speak to an Attorney Now — Not Later
Whether determined or on the fence, it is important to meet with a lawyer. This will help you understand the law and how it applies in your jurisdiction, consistent with the facts of your case. There may be issues or questions that need to be addressed by your lawyer before you decide to divorce. Do not sign or agree to anything without first speaking with your attorney. If the opposing party is pushing you to sign something on the spot-be suspicious.
- Select the Right Attorney
Picking the right lawyer is key to navigating the divorce process. Lawyers have an important say in what happens and what does not happen in divorce matters. Referrals and recommendations from trusted advisors, family members, friends, or colleagues who have gone through the process can be very valuable. Your financial planner, accountant, marriage counselor, or psychologist can recommend attorneys they know and respect. Selecting an experienced lawyer who knows the “legal terrain” of the court system of the county where the divorce will take place is important.
- Gather Documentation
In advance of the first meeting with your attorney, assemble as much relevant documentation as possible, such as recent tax returns, pay stubs for both you and your spouse, banking information, copies of stock and brokerage account statements, a detailed list of all assets and liabilities and any legal paperwork already filed and/or served upon you. It is important to understand your monthly costs as well as annual costs and your individual needs. It is essential that your lawyer also understands how much you and your spouse expect to earn between now and retirement, how much there is to divide now, and what both of you contributed to the marital pot.
- Prepare for the Initial Meeting
First, prepare a list of questions to be addressed when you meet with your lawyer. And remember, there is no such thing as a stupid question. Second, list your priorities! Your goals need to be shared and shaped with counsel consistent with the facts and the economic realities of the case. Third, come alone to your initial meeting and future meetings with your attorney. Bringing a third party into the meeting could compromise the attorney-client privilege, a risk you do not want to take.
- Tell the Truth and Keep a Diary
It is important to be candid and truthful with your attorney. Attorneys do not like surprises. If your attorney is well-informed, he or she can be fully prepared to deal with potentially damaging information. Keep a diary and record all significant events pertaining to your case and make sure to share copies with your attorney. This may be especially important in a custody case. In addition to recording important events in your diary, document what you can with photographs or video.
For more information on these and other questions regarding divorce in New Jersey, contact Fox Rothschild Family Law attorneys resident in the Morristown office, Eric Solotoff at esolotoff@foxrothschild.com or (973) 994-7501; or Sandra Fava at sfava@foxrothschild.com or (973) 994-7564.
