May 20, 2022
Law

Divorce and Bankruptcy: Things to Tell Your Divorce Attorney Beforehand

If you have never undergone a divorce, there are chances that you not aware of what are in store for you. Hiring a reasonable divorce attorney is not a ticket to a smooth divorce process. Once you get yourself a qualified lawyer, there are things you need to discuss with him or her at length, especially if you are bankrupt.

Once you schedule that first meeting, put him in the know of how you want things to be done. Let us take a look at some of the essential things you should discuss in detail with your attorney to make your case manageable.

  1. Child Custody

There is no doubt that this is among the highly contested issues during a divorce case where children are involved. Talk to your lawyer if you would prefer being granted custody. Know that there are two types of custody: legal and physical. Remember the court may take into consideration your bankruptcy while making a ruling. After all, the child’s welfare comes first. If your spouse is not bankrupt, it is most likely that you will carry the day.

  1. Financial Documents

In most divorce cases, finances are the biggest issue. Tell your attorney the truth about your financial situation. Telling him by mouth that you are bankrupt is not enough. Provide evidence to support your sentiments. Gather all the necessary information and documentation and bring them on board. It will provide your lawyer with all the information he needs.

  1. Assets Division and Debts

Everything you acquired while living together will be up in the air for the division—whether it is cars, houses or land. Let your lawyer know what you would like to keep so that he can fight for them. Likewise, any debts accrued during your time together will also have to be looked into. Your partner may want to evade it, so be smart and let your attorney get a step ahead.

  1. Spousal Support

This is one of the controversial parts of the law. If your attorney can prove your bankruptcy in court, you can ask for reimbursement alimony since you became bankrupt while in that marriage. Do not forget to discuss career goals and the time it will take you to achieve them and your financial needs as they will also play a part in determining the support you will get.

  1. Child Support

Legally, both parents should provide financial support for their kids. It is upon the parents to agree on how they will be contributing. Otherwise, the court will rule about it. Some spouses may take advantage of the situation and ask for more than what is required. If your lawyer understands that you are bankrupt, he will present it in court, and the ruling will most likely favor you.

As we all know, divorce can be so complicated. It can drain you physically and financially. However, hiring a good divorce attorney and telling him the truth about the things discussed above beforehand is synonymous to half winning the case. Remember, they are human, so they largely depend on the information you provide to them. If you tell the entire truth, you will be good to start.

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