5 Most Commonly Asked Questions in a Divorce Consultation

Jessie Keating Hardy, Esq.

The information contained in this material is being provided for general educational and informational purposes only, with the specific understanding that it is not intended to be used or interpreted as specific legal or tax advice. Jessie Keating Hardy, Esq. and Women's Wealth Boutique are not affiliated entities.

The content is not intended to be a substitute for professional legal advice. Neither Jessie Keating Hardy nor J. Hardy Family Law are establishing any attorney-client relationship with this informational article. If you have questions, you should consult with a lawyer experienced in domestic law.

1. Should I be the first to file?

This answer strongly depends on the facts of your situation and your lawyer’s preference as to whether you want to go first in the presentation of evidence to the Court, if you are unable to settle your case prior to trial. The first person to file has a choice of the Court and how to serve the other side with the court filing. The first to file can have other advantages. For instance, the first to file may also be the first to tell their story in Court; the first to take (rather than defend), depositions; and the last to get to speak to the Judge in a final trial. Your lawyer should be able to tell you whether any of these factors are applicable in your case.

2. Why did my spouse ask for so much in the Petition or Complaint for Divorce?

Before knowing what the issues will be and what will happen under the law and the facts of the case, your spouse’s lawyer may not want to take the chance of asking for too little. What is demanded in the Petition or Complaint for Divorce may not reflect what you and your spouse may settle on or what the Court may actually award. The requests contained in the initial Complaint are sometimes overbroad to preserve their rights to argue an issue “just in case.” Your lawyer may well do the same to protect your rights.

3. What are the chances my case can be settled?

Most divorce cases are settled prior to a trial for a variety of reasons. Settlement must involve compromises on both sides. Unfortunately, no lawyer can accurately predict the chances of your specific case settling. However, your lawyer will be able to tell you the pros and cons of settlement versus trial, and your spouse’s lawyer will do the same with your spouse.

4. What date is used to value assets in my estate and how is everything going to be divided?

The valuation date of the marital estate in some jurisdictions is the date the divorce is finalized, and in some jurisdictions, it is the date of separation. In Alabama, it is the date of filing, but the equity powers of the trial court afford it wide discretion in establishing or including the values of post-filing assets/income in the ultimate equitable distribution of the marital estate. You and your spouse will separately, unless you agree otherwise, determine the total value of the assets that will be divided. Although you may not agree on the exact value, you must determine your opinion of the value of each asset. Often, financial experts are engaged to help determine these values. Once the values are determined, you and your lawyer will list the assets and liabilities that you want and the assets and liabilities that you want your spouse to get. If you and your spouse cannot reach an agreement, you will present the proposed division of assets and liabilities to the Court at trial.

5. May I date before my divorce is finalized?

Alabama is a fault-based divorce state with “no-fault” divorce grounds. Alabama case law holds that you are married until the date the Court enters the final decree of divorce. Thus, a relationship with someone other than your spouse before you are divorced may be harmful to your case. Also, dating someone else may anger your spouse and impede settlement. If you have children, you should get some professional advice about how your dating may affect your children. It is important to remember that you are married until the day you are divorced.

This content was generated with AI assistance. While we strive for accuracy, AI may not capture all current laws and market conditions. This information is for informational purposes only and should not be considered personalized financial advice. Always consult a licensed financial advisor for decisions tailored to your unique situation and goals. AI is used to enhance insights, not replace professional guidance.