Divorce is a significant life transition that can be emotionally taxing and legally complex. If you are considering ending your marriage in New Jersey, the first consultation with a divorce lawyer is a critical step in understanding your rights, setting expectations, and planning the way forward. Whether your situation with your spouse is amicable or contentious, thorough preparation for this meeting will help your attorney provide you with the most accurate and helpful advice.
What to Bring to Your Divorce Consultation
Your initial consultation may be limited in time, so coming prepared with essential documents can make the meeting more productive. While your attorney may not need every detail in the first meeting, having copies of the following materials ready will allow them to give you more thorough legal guidance from the start.
Legal Documents
- Any prior legal filings (temporary restraining orders, custody orders, or prior court documents)
- Your prenup or post-nuptial agreement (if you have one)
- Correspondence with your spouse’s attorney if legal action has already begun
Personal and Financial Documents
- Marriage certificate
- Proof of income (recent pay stubs, tax returns, W-2s, 1099s)
- Bank, investment and retirement account statements
- Mortgage documents or lease agreements
- Credit card and other debt statements
- Documentation of significant assets (real estate, vehicles, business interests, valuable personal property)
While not everything may apply to your situation, providing as much relevant information as possible will allow your lawyer to more quickly understand your circumstances and start developing a strategic approach tailored to your needs.
Understanding What Will Be Discussed During the Consultation
The first consultation is your opportunity to describe your situation and learn how your divorce may progress. Your lawyer will ask questions to help understand both the legal and personal elements of your case. Be honest and forthcoming; remember that your attorney is on your side and wants to get you the best outcome for your specific circumstances.
Your Background and Goals
Your attorney will begin by asking about the basics: when you were married, whether you have children, your current living situation, and what led you to consider divorce. They’ll also want to understand your goals—whether you’re seeking primary custody, wish to retain specific assets, or are concerned about alimony, for example.
Child Custody and Parenting Concerns
If you have children, custody and visitation issues will be a top priority. Your lawyer will want to discuss such areas as:
- Who the children live with
- Each of your roles in caregiving
- Any concerns about abuse, neglect, or parental fitness
- Information about schooling, medical decisions, and extracurricular activities
In New Jersey, the best interest of the child is the guiding standard in custody determinations, so expect the attorney to assess all relevant factors. Child support is also an issue. Your attorney may use the financial data you bring to provide an estimate of what you might pay or receive using the New Jersey Child Support Guidelines Calculator.
Property Division
New Jersey is an “equitable distribution” state, which means marital property is divided fairly—but not necessarily equally. Equitable distribution criteria is described in N.J.S.A. 2A:34-23.1. Your attorney will ask about any assets you want to keep from being divided and will explain how property division works including:
- How marital vs. separate assets are determined
- How property and debt may be divided
- How real estate, retirement accounts, and business interests are valued for division.
Alimony
Alimony is not automatic in divorce. But if paying or receiving it is a factor in your divorce, your lawyer will discuss with you how it is determined. The law doesn’t favor one spouse over the other, rather a variety of criteria are taken into consideration such as the length of the marriage, the earning capacities of both spouses, and the actual need for alimony and ability of the other party to pay.
Special Considerations to Discuss with Your Attorney
Every divorce situation is different. Sometimes there are special considerations at play that can impact the decisions made during the process and how your divorce progresses. Special considerations may include such things as whether:
- You or your spouse have children from prior relationships
- Domestic violence, mental illness, or substance abuse have been present in the marriage
- Your spouse lives out of state or is planning to relocate, or whether you are planning to move to another state.
If these or any other considerations have been present, be sure to let your lawyer know so that they can be factored into the guidance you receive.
Preparing Questions to Ask at Your Consultation
Coming prepared with questions that reflect your priorities and concerns will help you understand the divorce process and determine whether the attorney is a good fit for you.
As a starting point, here are types of questions that are common in divorce attorney consultations. You should feel free to ask any others you have.
- What are the steps to getting divorced in New Jersey?
- How long does it typically take?
- What are the filing fees and court costs I should expect?
- Will we need to go to court?
- What happens to the marital home?
- What if my spouse is hiding assets?
- What’s your approach to resolving disputes?
- How often will I receive updates on my case?
- Will I work directly with you or with paralegals/other staff?
- What are the potential outcomes of my case?
Asking these questions will give you insight not only into your legal position but also into the attorney’s communication style, values, and experience.
Contact Our New Jersey Law Firm to Arrange a Consultation About Your Divorce
Divorce is rarely easy, but with the right legal guidance and preparation, you can navigate the process with greater clarity and control. The experienced attorneys at [MFR] Men’s & Fathers’ Rights Divorce Lawyers bring compassion, honesty, and a strong command of the law to guiding our clients through every phase of the divorce process.
If you are ready to take the first step, call us today at (201) 880-9770 to schedule a confidential consultation or reach out online.
