Your First Meeting with a Divorce Lawyer: How to Prepare
Are you gearing up for your first meeting with a divorce lawyer? If so, you might have some concerns about what to expect, and how you should prepare. After all, it’s a crucial initial step that can significantly impact the outcome of your divorce proceedings.
1. What’s the Objective?
The initial consultation with your lawyer has three main goals:
- To convey the needed background facts and information to the person who will be representing you in your divorce process
- To give you a clear understanding of your legal rights under the Family laws of Ontario
- To give you a sense of the upcoming processes and the path forward.
With that in mind, here are the essential steps to take, before your first meeting.
2. Reflect on Your Marital History
Start by preparing a brief summary of your relationship backstory, including:
- Length of marriage: How long have you been married? Were there any periods of separation followed by reconcilation?
- Date of Separation: When did you and your spouse officially separate? (Note that in the right circumstances, you might be legally separated even though you still live under the same roof).
- Children: Do you have children together? If so, what are their ages?
- Employment status: What is your employment situation, and what is your spouse’s employment situation?
- Living arrangements: Have you and your spouse already separated?
Providing this context will help your lawyer understand the dynamics of your marriage, and the factors that may influence your divorce-related rights and obligations.
Related: What Are Your Parental Rights Under the Divorce Act?
3. Gather Relevant Documentation
Next, collect all relevant documents related to your marriage and assets. This includes:
- Marriage certificate: Proof of your marriage, in document form.
- Prenuptial or postnuptial agreements: Any agreements you and your spouse made before or after your marriage.
- Financial statements: This covers your bank statements, investment accounts, and retirement accounts.
- Property-related documents: Your deeds, mortgage statements, and any other documents related to the real estate you own.
- Income information: This includes recent pay stubs, tax returns for the past few years, and any other sources of income.
- Debt information: This covers credit card statements (for cards you have jointly, and those you have individually), and any loan documents.
- Expense records: Assembled your monthly household expenses and maintenance costs, together with utilities fees, groceries, and other recurring costs of a day-to-day nature.
Having these documents organized and ready will help your lawyer understand your financial situation and provide accurate advice.
And by the way, it’s important to honest and open with your lawyer. Provide all relevant background information and documentation, even if it raises topics that are uncomfortable to discuss. Full transparency will enable your lawyer to provide the best possible advice and representation.
Related: Be Careful of How You Obtain Information/Documentation From Your Spouse
4. Prepare a List of Questions
Divorce can be complex, and you likely have many questions. Write down any questions or concerns you have about the process. Some common ones might include:
- What are my rights regarding property division?
- How will parenting time, decision-making responsibility, and support for my child be determined?
- What can I expect regarding spousal support?
- How long will the divorce process take?
- What are the potential costs involved?
Having a list of questions ensures that you cover all your concerns during the consultation and get the information you need.
Related: Cost of Divorce in Ontario
5. Outline Your Goals
Before meeting with your lawyer, think about what you want to get out of the divorce process. Consider the following:
-
- Parenting time arrangements: What type of time-sharing arrangement do you prefer for your children? What is the best arrangement that will work for your family circumstances?
- Decision-making responsibility: How do you ideally want to allocate decision-making responsibility for your children, between you and your spouse?
- Property division: What assets are most important to you?
- Spousal support: Do you expect to pay or receive spousal support?
- Living arrangements: Where do you plan to live during and after the divorce?
Having a clear understanding of your goals will help your lawyer provide tailored advice and develop a strategy that aligns with your interests.
6. Prime Yourself on Basic Rights, Beforehand
One of the key objectives of your first meeting with a lawyer, is to familiarize yourself with Ontario’s divorce laws. But it’s a good idea to do a little advance research, just so that you understand the basics even before you meet. The Ontario government website and other reputable legal resources can provide valuable basic information.
7. Plan for the Meeting
Schedule the meeting at a time when you can be focused and free from distractions. Make sure you have a quiet, private space where you can discuss sensitive issues openly. Bring all your documents, your list of questions, and any notes you’ve made about your goals and marital history.
If you are contemplating divorce or require support navigating this challenging time, we encourage you to reach out to our office. Our team of experienced professionals is here to provide guidance and expert assistance tailored to your unique situation. Whether you need help with legal advice or practical solutions, we are committed to helping you make informed decisions and move forward with confidence. Feel free to give our offices a call and schedule a consultation.