Divorce clients in the 50+ age bracket are increasing substantially. Numerous factors could be at play including the economy, social media, or just the fact that times have changed. Nevertheless, your attorney will face several unique challenges in handling your case, and would benefit from being provided all of the information you have. Here are eight (8) questions you should think about and answer when hiring a family law attorney:
1. Prior marriages? If so, how many? Are there any unresolved issues or lingering assets associated with it/them?
2. Number of children – what are their ages and needs? What is their relationship to each spouse?
3. Allocation of income, debts, and property from previous marriages?
4. Is there an ownership interest in a business entity or stock options shared or pledged to an ex-spouse?
5. Is real estate co-owned with a former spouse? If so, how is the title held?
6. Do you or your spouse have any health issues? Is healthcare insurance any issue with respect to coverage or costs? Does your spouse have any special needs that may require planning for eligibility purposes?
7. Did your spouse execute a premarital or post-nuptial agreement? If so, in what state?
8. What do current estate planning documents, financial and health care powers of attorney and beneficiary designators provide?
Also consider whether you and your spouse have tried reconciliatory efforts. If so, why were they unsuccessful? Asking these questions will help you and your lawyer get a clearer picture of the divorce process that awaits and what the results will look like.