Divorce is never easy, and while you might be ready to tackle the tough conversations, some questions linger in the back of your mind—questions that feel too uncomfortable to ask. You’re not alone. Many people hesitate to raise these concerns, worried about the answers or unsure how they’ll be perceived. But these questions can make or break your case, protect your future, and give you peace of mind. Here, we dive into the seven questions most people are afraid to ask—but need to—before taking the next step in a contested divorce.
7 Questions That You Need to Ask Your Attorney
1. What if my spouse is hiding assets?
This is a common concern, especially in high-net-worth cases. The law requires full disclosure of assets and liabilities through two key mechanisms:
- A financial affidavit.
- Mandatory disclosure of documents, such as bank account statements, credit card statements, retirement plans, and pension records.
Additionally, your spouse can be served with questions under oath (interrogatories) and requests for the production of additional records to ensure full transparency.
2 . Can I avoid court even if my divorce is contested?
Many clients want to avoid the courtroom, but resolution can only occur through a judge’s ruling in a contested case. However, mediation and negotiation might still be possible at various stages, even if the case is headed to trial.
3. What happens if my spouse refuses to cooperate throughout the divorce process?
A non-cooperative spouse can cause delays, but the law provides several ways to compel cooperation. For example, suppose a spouse refuses to submit a financial affidavit or attend a deposition under oath. In that case, they can be held in contempt of court, which may result in sanctions, such as payment of attorney’s fees or, in extreme cases, jail time.
4. How do I maintain financial stability while the divorce drags on?
If you’re concerned about your financial well-being during a drawn-out divorce, you can request temporary support. This might include monthly payments for necessities like child support, mortgage payments, or other living expenses. The court strives to maintain the status quo, ensuring no party is financially devastated during the proceedings (The court will not allow either party to ‘go from riches to rags’). The court can also order payment of attorney’s fees to ensure both parties have fair access to legal representation.
5. What happens if my spouse has been unfaithful—does it affect the outcome?
As a general rule, infidelity does not directly impact alimony or property division unless marital assets were dissipated (e.g., spending significant amounts on an affair). However, infidelity may influence time-sharing or custody if the conduct is deemed detrimental to the child’s best interests.
6. What if my spouse quits their job to avoid paying alimony or child support?
The court will generally impute income, meaning they will estimate what the spouse would earn if they acted in good faith. This prevents a spouse from dodging financial responsibilities by voluntarily reducing their income.
7. Do We Need Two Attorneys?
It’s tempting to think you can save money by using your spouse’s attorney, but the reality is that you need your legal representation. Your spouse’s attorney is legally and ethically bound to represent their interests, not yours. No matter how amicable things may seem now, divorce often involves complex decisions about finances, property, and, most importantly, your future. Having your attorney ensures you have someone advocating solely for you—protecting your rights, assets, and peace of mind. In the long run, saving money by skipping your attorney can cost you much more.
Note: If one of the parties wants to proceed without a lawyer (pro se), it can be done if it is done knowingly and without duress.
The 8th question we hope you ask, is Why Hoffman, Larin & Agnetti?
Family law matters are often emotionally charged and complex. With over 40 years of experience, our dedicated team understands that these are not ‘cases’; we are dealing with you, your family, and often, your business. Our experienced attorneys are here to guide you through every step of the process, protecting your rights and advocating for your best interests.
There is a reason that so many of our clients are referred to our firm by clients and other attorneys.
Call us at 305-653-5555, text us at 305-653-1515, email us at [email protected], or fill out the form on this page, and we will call you. We will meet with you at any of our four offices or by ZOOM if that is easier for you.
Hoffman, Larin & Agnetti….Experience and Results Matter
