|
|
 |
|
|
|
|
diva. She was on every talk show and in every newspaper, but somehow, in terms of this client, anyway, she had never been able to focus. |
|
|
|
|
|
|
|
|
2. Early in your case, your lawyer should demand any and all financial documents in your spouse's possession so that you can learn what there is between you to divide up. |
|
|
|
|
|
|
|
|
3. If you or your spouse has a pension, your lawyer should get a copy of the pension plan and account statements for the past few years. We know of more than one case where the lawyers agreed a pension would be divided up, only to later discover that under certain circumstances, the company had no obligation to pay the pension at all. |
|
|
|
|
|
|
|
|
4. Your lawyer should assess whether any experts will be needed in your case. If your wife has a hat-making business she established during the marriage, depending on the laws of your state, you might need a business appraiser to estimate the value of that business. Your lawyer should try to locate a well-respected business appraiser now for possible later use. |
|
|
|
|
|
|
|
|
Or maybe custody will be an issue, and you'll need an expert to testify on your behalf. |
|
|
|
|
|
|
|
|
In some jurisdictions, the judge will appoint an expert to report to the court, but you still may need someone to support your case. Your lawyer should start getting you the names of qualified people. |
|
|
|
|
|
|
|
|
5. Your lawyer should, under almost all circumstances, tell your spouse's lawyer that you are willing to listen to any reasonable settlement proposal and to negotiate. Cases have been settled on the steps of the courthouse on the day of trial, so it's a good idea to leave the door open at all times. |
|
|
|
|
|
|
|
|
6. Your lawyer should promptly respond to letters and phone calls regarding your case and should keep you informed of all such communication. Copies of letters should be sent to you within 24 hours of the lawyer's receipt of them. He or she should notify you about important phone callsthose concerning settlement proposals, for instanceas soon as possible after they have been received. If the court hands down any decisions regarding your case, your lawyer should notify you at once. |
|
|
|
|
|
|
|
|
One woman we know learned her divorce was final 20 days after her lawyer found out; she heard the news from a catty friend of her ex-husband's. The lawyer himself never called. |
|
|
|
|
|
|
|
|
7. If your case is heading to trial, your attorney, with your input, should begin to interview and line up witnesses as needed. She should be sure to give your witnesses ample advance notice of the trial date. |
|
|
|
|
|