Real Estate Attorney – 5 Ways You Can Get Yourself Ready For Your Final Divorce Hearing by Lucille Uttermohlen
General August 5th, 2010
Of course, you expect your lawyer to remember which of your documents prove what part of your case. She should also have at least a general idea of what questions to ask the witnesses. However, a good client also familiarizes himself with his own case. If you go to court knowing what documents are important and why, you will be in a better position to help your lawyer protect your interests.
The most important thing you can do is have the same file as your attorney. Keep the originals of all of your documents, and index them so you can find them. Follow along with the testimony, and be able to point things out that disprove your spouse’s side of contested issues.
Here is a list of some of the documents you should make sure you and your lawyer have on hand:
1. Mortgage agreements, real estate sales contracts, deeds, amortization schedules, property tax receipts, insurance premiums, real estate appraisals, and repair estimates. The judge won’t be able to make a good decision about your real estate unless you can show what it is worth, how much is owed on it, and what repairs it will need before it can be sold. This is true whether or not you plan to keep it, sell it, or fight for it because your spouse wants it too.
2. Car titles, appraisals, repair estimates, proof of insurance and its cost. In general, you will want to keep the car you usually drive. However, if one of the vehicles is worth more than the other, or the debt attached to it makes it worth less, you will want to be able to prove to the judge why you think she should rule in a particular way.
3. The tax returns and W-2s for both of you, documents showing the value of savings accounts, checking accounts, stocks, bonds, certificates of deposit, IRA accounts, pension plans, 401k plans or other retirement accounts, inheritances, or other money accounts. Again, the judge needs to know what these items are worth and where they came from to make a fair division of property. If you have documents that tell the story, you will have better evidence to prove your point than if you just testify to what you believe.
4. If you can show what personal property you and your spouse have, you are more likely to get your fair share of it. Make a list of your furniture, furnishings, household goods and personal effects. Take pictures or video if at all possible. If any of this property is valuable, get it appraised. If not, just estimate what its garage sale or auction value would be.
Show the judge clearly what you want to keep, and what you think your spouse should have. The judge is more likely to rule for you if it is obvious what you are asking her to do. A list of the objects in question will make your wishes obvious.
5. Have copies of all of your bills. Include credit card statements, mortgage payments, car payments, installment purchases, doctor bills, monthly prescription expenses, money judgments, utility bills, and anything else that can help the judge figure out how much money you have to spend each month to survive. This information could be highly relevant to what bills you are ordered to pay, and what bills are assigned to your spouse. This information could also be helpful if issues like child support or alimony are to be considered.
You may feel that you hired a lawyer to keep track of these things so you shouldn’t have to. You may be convinced that doing these things is a new form of torture that makes water boarding seem like a cake walk.However, your lawyer and the judge have only a limited time to get to know you and your case. No matter how hard they work for you, or try to protect your interests, there is only so much they can do just by asking questions and reading papers. If you are familiar with your own business, and knowledgeable about where and what you may need to prove a point, you could be your own best advocate, and be more likely to get the results you want.
Copyright (c) 2010 Lucille Uttermohlen
About The Author
Do you have a legal question? Are you looking for an answer to an important relationship concern? Ask The Law Lady. For a prompt answer, write to thelawlady@couple-or-not.com Or read about legal and relationship issues at http://www.couple-or-not.com
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