What to Ask a Divorce Lawyer: Expert Guidance for a Smooth Transition

by | Aug 31, 2023 | Divorce

Divorce can be an emotionally taxing and legally complex process, and seeking the advice of an experienced divorce lawyer is essential to ensure your rights are protected and the best possible outcome is achieved. At Whipple Mercado and Associates, our team of seasoned divorce attorneys is dedicated to providing expert guidance and support throughout this challenging phase of your life. Explore the key questions about what to ask a divorce lawyer to make informed decisions and navigate the divorce process more effectively.

What to Ask a Divorce Lawyer: Understanding Your Options

What are the Grounds for Divorce in My State?

Knowing the grounds for divorce in your state is crucial, as it forms the legal basis for your case. In some jurisdictions, no-fault divorce is allowed, while others require specific grounds, such as adultery, cruelty, or abandonment. California is a “no-fault” state and therefore, there are only two grounds for divorce:

1) irreconcilable differences; and

2) incurable insanity.

Your attorney will help you determine the most appropriate approach for your situation.

What Divorce Process Is Best for Me?

There are different methods to pursue a divorce, including litigation, mediation, and collaborative divorce. Understanding the advantages and drawbacks of each approach will help you choose the one that aligns with your priorities and circumstances. You can read more about mediation and litigation further down in this blog.

What to Ask a Divorce Lawyer: Protecting Your Assets

How Will Marital Property Division Be Handled?

Dividing assets and debts can be a contentious aspect of divorce. A skilled divorce lawyer can explain how property division laws work and advocate for a fair distribution of marital assets.

What About Alimony or Spousal Support?

Spousal or Partner Support is designed to provide financial support to the lower-earning spouse/partner during and after divorce. Your attorney will help you understand if you are eligible for spousal or partner support, how the amount is calculated, and the duration that support could be payable.

What to Ask a Divorce Lawyer: Child Custody and Support

How Is Child Custody Determined?

If you have children, their well-being is undoubtedly your top priority. Discussing child custody arrangements with your attorney is vital to ensure that your parental rights and your children’s best interests are protected.

What Factors Impact Child Support Payments?

Understanding the factors used to calculate child support will give you a clearer picture of what to expect. A divorce lawyer can assist you in determining the amount of guideline child support.

What to Ask a Divorce Lawyer: Navigating Legal Procedures

How Long Will the Divorce Process Take?

The duration of a divorce case can vary widely based on factors like the complexity of issues and the willingness of both parties to cooperate. Your attorney will give you a realistic timeline to manage your expectations.

What Documents Do I Need to Gather?

A divorce involves extensive paperwork. Your lawyer will guide you through the documentation process, helping you gather essential financial records, asset valuations, and other relevant paperwork.

Emotional Support and Empathy

How Will You Support Me Through This Emotional Process?

Divorce can be emotionally draining, and having a compassionate and understanding attorney can make a significant difference. Your chosen divorce lawyer should not only be skilled in the legal aspects but also be empathetic to your situation.

A skilled attorney demonstrates empathy to their client during the divorce process by:

  • Active Listening: An empathetic attorney listens attentively to their client’s concerns, emotions, and needs. They create a safe space for the client to express their feelings and fears without judgment.
  • Understanding Emotional Impact: Divorce is an emotionally charged experience, and an empathetic attorney recognizes the client’s emotional state. They acknowledge the client’s feelings and validate their emotions, showing genuine care and concern.
  • Tailoring Legal Strategy: An empathetic attorney takes the time to understand the client’s goals and priorities. They develop a legal strategy that aligns with the client’s best interests and values, taking into account their unique circumstances.
  • Providing Support and Encouragement: Beyond legal advice, an empathetic attorney offers emotional support and encouragement throughout the process. They reassure the client that they are not alone and that they will advocate for their rights.
  • Managing Expectations: Divorce can be a lengthy and complex process. An empathetic attorney manages their client’s expectations, providing realistic assessments of potential outcomes.
  • Being Accessible: An empathetic attorney remains accessible to their client, promptly responding to calls and emails. They make themselves available to address any concerns or questions the client may have, fostering a sense of trust and reliability.
  • Referring to Support Services: Recognizing the importance of emotional support during divorce, an empathetic attorney may refer their client to counseling or support groups to help them cope with the challenges they are facing.
  • Practicing Sensitivity: An empathetic attorney shows sensitivity to the client’s unique circumstances, cultural background, and personal values. They approach the case with respect and understanding, without making assumptions or judgments.

Mediation v. Litigation

Divorce doesn’t have to be a battle in the courtroom. Mediation and collaborative divorce offer viable alternatives to traditional litigation. In mediation, a neutral third party, the mediator, helps the couple reach mutually agreeable solutions on issues such as child custody, asset division, and support. Mediation promotes communication and cooperation, allowing couples to retain more control over the outcome and reducing animosity.

Collaborative divorce, on the other hand, involves both parties and their respective lawyers working together to find solutions outside the courtroom. It encourages open dialogue and problem-solving, which can be especially beneficial when children are involved. By choosing mediation or collaboration, couples can save time, money, and emotional stress compared to the adversarial nature of courtroom battles.

Communication with Your Lawyer

Effective communication is the cornerstone of a successful attorney-client relationship during a divorce. When consulting with a divorce lawyer, be open and honest about all the details of your case. Your attorney needs a comprehensive understanding of your situation to develop a strategic approach that best suits your needs.

Throughout the process, maintain clear lines of communication with your lawyer, and don’t hesitate to ask questions or seek clarification on any legal matters you find confusing. A reputable law firm, such as Whipple Mercado and Associates, will prioritize maintaining a responsive and supportive communication channel with their clients, ensuring you feel heard and valued.

By actively participating in the communication process, you and your attorney can work together as a team to achieve the best possible outcome for your divorce case.

Stand Strong with Whipple Mercado and Associates

Divorce is undoubtedly one of the most challenging experiences in life, but with the right legal representation, you can navigate through it with confidence and resilience. At Whipple Mercado and Associates, our team of dedicated divorce attorneys is here to guide you every step of the way, ensuring your rights are protected and that you secure the best possible outcome.

When facing divorce, don’t go through it alone. Let us stand strong with you, providing expert legal advice, emotional support, and steadfast advocacy. Schedule a consultation today and take the first step towards a new chapter in your life.

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization