First meeting with divorce attorney: How can I prepare?

divorce attorney

You can save a lot of money on attorney fees if you are organized and provide your divorce attorney with concise and complete information.  Here are some tips on how to prepare for your first meeting with divorce attorney.

Be prepared to discuss your marital problems with your divorce attorney but keep it concise and honest.

  • The longer you talk about the the lies, affairs and financial disagreements that ended your marriage, the longer your meeting will take and the more it will distract from the legal aspects and business transaction of your divorce proceedings. Talk to your mental health professional if you need a more emotional connection. Talk to your financial expert if you need assistance understanding the family finances and planning for your future. Do your best to simply state. Why, in your honest opinion, your marriage has come to an end.
    • Romantic infidelity?
    • Financial infidelity?
    • Financial Disagreements?
    • Life review?
    • No longer in Love?

An idea of what you want to get out of the divorce proceedings financially.

  • If you do not know what you want; Wellspring Divorce Advisors can build a plan for your financial future and communicate the results with powerful analysis and reports.
  • Some examples
    • Keep the House – Can you afford it?
    • Financial Security – What does this mean to you?
    • Long term spousal support
    • Not to go back to work
    • Children’s college education paid for
    • Financial autonomy
    • Purchase a new home

You should bring the following information to your first meeting:

  • Family information, including the names and birth dates for yourself, your spouse, and your children
  • The date and place where you were married
  • Current employment information for you and your spouse
  • An estimate of financial status including
    • Income (current pay-stubs and last three years tax returns would be best)
    • Expenses (if you have a budget bring it, if not let us know and we can help you prepare one)
    • Assets and Debts (account statements for mortgage, 401K, brokerage accounts, bank accounts, credit cards)

 

We suggest meeting with a Wellspring Divorce Advisor before or immediately after your first meeting with divorce attorney. We will help you put together a complete and detailed picture of your family finances before the attorney heads down the path of expensive formal discovery. We can also help you choose the right attorney and divorce process if you do not yet have one.

Dependency Exemption Non-Custodial Parents

The Internal Revenue Service released a memorandum in 2009, clarifying the rules governing non-custodial parent’s ability to claim a dependency exemption for their child.

Previously, the Service allowed a non-custodial parent to claim an exemption for a child if the custodial parent signed a written declaration releasing claim to the exemption and the non-custodial parent attached that declaration to their return. IRS Form 8332 is available to document this release.  In Publication 501, Exemptions, Standard Deduction, and Filing Information, the Service has stated that a non-custodial parent may attach certain pages of a divorce decree or separation agreement, instead of Form 8332, if the attached pages include the information required on the form. Click here for more information from the IRS.

The Problem

A problem arose in the ambiguous language of the actual code.  It stated the release of a claim must be on Form 8332 or, if not on such form, must “conform to the substance of such form.” The ambiguity begat creativity and family law attorneys began drafting the declarations into settlement agreements. Taxpayers would then simply need to attach a copy of their divorce decree. This eliminated the need for Form 8332 and therefore, the need to speak to your ex-spouse every year requesting a signature.

The recent memorandum was directed specifically at the question whether it was allowable for a non-custodial parent to prove their right to the exemption by submitting proof of satisfaction of a condition in a divorce decree. The condition was that the non-custodial parent may only claim the exemption if current in his or her support obligation. This raises the problem of substantiation.

In the 2009 memo, the Service concluded the release must be on Form 8332 or must be a document conforming to the substance of Form 8332 and has as its only purpose the release of a claim to exemption. A divorce decree, separation agreement or parenting plan allowing a non-custodial parent to claim an exemption for a child, only if a condition is met, does not conform to the substance of Form 8332.  For tax years beginning after July 2, 2008, a settlement agreement, decree or judgment may not be used by a non-custodial parent to substantiate a dependency exemption for a child.

These regulations reflect the Service’s concern about substantiating a claim to a dependency exemption for a child and are intended to avoid problems of proof, minimize controversy, and minimize costs to parents.  The change does not preclude a non-custodial parent from claiming the exemption; it simply requires more care be made to make sure this is accomplished.

It may be helpful to include language stipulating the custodial parent will execute Form 8332 on a yearly basis. This follow up challenge can be alleviated by insuring the newly single parents consult a financial advisor with specific experience in the field of divorce financial planning. Two parents claiming an exemption for the same child will end in IRS audits for both and possibly bring a settled case back into the courtroom.