Importance of Meeting Your Attorney in Person
Preparing for Your Initial Consultation: Key Steps and Considerations
At Doppelt and Forney, San Diego Divorce Lawyers, we understand the significance of the attorney-client relationship. That’s why we offer a free 30-minute initial consultation, either in person at our Rancho Bernardo office in North County, San Diego, or virtually. While we accommodate virtual consultations for convenience, we strongly encourage you to visit our office if possible. Meeting your attorney in person allows you to assess whether you can work together effectively, observe the professionalism of our office, and interact with our staff, whose demeanor and support play an essential role in your experience.
We know other law firms charge hundreds of dollars for this consultation, but our firm has made an intentional decision to offer a free consultation for as long as we can. We understand that many parents and spouses are in a difficult situation, and we aim to provide as much information as possible in 30 minutes or less. For those who hire our firm, we do our best to exceed their expectations for legal service and fees. In addition to the free consultation, we also do not charge for costs that other law firms might, such as postage, mileage, copying, or faxing, which can add up to hundreds of dollars.
Identifying Your Top Legal Goals
Before your consultation, it’s essential to clearly identify your top goals for your case. We recommend writing down your top five objectives. This preparation will help your attorney provide a realistic assessment of what can be achieved based on the specific facts of your case. While the law applies uniformly, each case has unique circumstances that influence the outcome.
It is very important to understand how attorneys think. No matter which law school an attorney graduates from, the legal analysis of IRAC is used. Your attorney can explain how this applies to your case and your issues:
- ISSUE: The first job of the attorney is issue-spotting. In family law, the basic issues are limited to physical custody, legal custody, division of debt, division of assets, child support, and spousal support. When you meet with your attorney for the initial consultation, it’s important to focus on these family law issues. Your attorney has two primary jobs: to protect your legal rights and to try and obtain your legal goals. While no attorney can guarantee the outcome of any case, it’s essential to have realistic expectations.
- RULE: The second job is determining what rule of law applies. For example, if the parties have minor children, the child support amount in family law court is calculated by a computer program called DissoMaster. This program is paid for by attorneys, and Doppelt and Forney, San Diego Divorce Lawyers, has this program and can calculate the "guideline amount."
- ANALYSIS: Following the example above, the attorney can calculate guideline child support. The attorney can also legally analyze whether there are any deviations from the guideline, as well as mandatory and/or discretionary add-ons. Mandatory add-ons include 50% of all unreimbursed/uninsured dental, medical, orthodontic, and other costs. Discretionary add-ons include 50% of travel costs. These add-ons are listed in Family Law Code Section 4062. This is not a comprehensive analysis, and all cases are different. For each issue, this analysis should be completed.
- CONCLUSION: Agree to guideline child support if there are no deviations or discretionary add-ons. This is a simplistic example, but it's important because this legal analysis will be used for all legal issues.
Considering Child Custody and Visitation
If you have minor children, one of the most critical decisions you’ll face is whether to stay in the family residence or move out. This decision can significantly impact custody and visitation arrangements. The court’s primary concern is the "best interests of the child," which includes factors such as stability, bonding, frequent and continuing contact, cooperation between parents, and any history of abuse, neglect, or other issues. Your attorney will discuss how these factors apply to your situation and help you develop a parenting plan that aligns with your goals and the court’s standards.
Understanding Spousal and Child Support
If there is a significant income disparity between you and your spouse, spousal support may be an issue, particularly if your marriage lasted more than ten years. If your marriage is more than 10 years in duration, this is referenced in Family Law Code Section 4336. The court typically considers spousal support for half the duration of marriages lasting less than ten years. For longer marriages, the court often reserves jurisdiction without setting an initial termination date.
Your attorney will calculate potential spousal and child support using the same DissoMaster program used by family law courts in San Diego, Chula Vista, El Cajon, and Vista. This will provide you with a realistic expectation of your financial obligations or entitlements.
Preparing for Asset and Debt Division
Asset and debt division is another crucial aspect of your case. For your initial consultation, it’s helpful to bring the following documents:
- A list of each asset and its acquisition date
- A list of each debt and its acquisition date
- The value of each asset at the time of acquisition and its current value
- All bills related to your total monthly expenses
- Documents relating to any business interests
- Copies of deeds, mortgages, revocable living trusts, estate plans, IRAs, KEOGHs, vested and non-vested stock options, bank accounts, brokerage accounts, pensions, retirements, profit-sharing plans, tax returns, and any other financial accounts
We understand that not all of these documents may be available at your initial consultation. It’s common for one spouse to be unaware of the full extent of assets and valuations. During the consultation, your attorney will discuss strategies for uncovering this information, including reviewing the Schedule of Assets and Debts, conducting written discovery, requesting production of documents, issuing requests for admissions, depositions, asset searches, and, if necessary, involving private investigators.
Why an Initial Consultation is Crucial
Before taking any significant actions in your divorce or family law case, it’s vital to have an informed and intelligent analysis of your situation. Your initial consultation provides an opportunity to understand your legal options, set realistic goals, and develop a strategy tailored to your specific circumstances.
Contact Us for Your Free Consultation
To schedule your free 30-minute consultation, contact Doppelt and Forney San Diego Divorce Lawyers, or use our online form. Whether you choose to meet in person or virtually, our experienced attorneys are here to provide you with the guidance and support you need to navigate your legal challenges successfully.