The following are just a few of the questions family law attorneys may ask new clients:
Are you married to the other person? If so, what is the date of marriage?
What is the date of separation [i.e., when one of the parties to the marriage said the marriage was over and acted on it]? What happened on that date to make you believe you were separated?
Are you and the other person still living together? If no, when did you stop living together? When was the last time you had contact with the other person?
If you don’t live with the other person, do you have the address where they live?
Do you know where the other person works?
Have you ever been married before? If yes, did you get a document signed by a judge stating you are divorced for each prior marriage?
Has your spouse ever been married before? If yes, did they get a document signed by a judge stating they were for divorced for each prior marriage?
Do you have any biological children under the age of 19 with the other person? If yes, provide their names, ages, dates of birth, etc.
Do you or the other person any children under the age of 19 that you have raised together as your own children, but only one of you is the child’s biological parent? If yes, provide their names, ages, dates of birth, etc.
Have you and the other person adopted any children together, or has either of you adopted a child that the other person helped to raise as their own child? If yes, provide their names, ages, dates of birth, etc.
Do you or the other person have any other children? If yes, please explain.
Are you or the other person currently expecting another child, either with each other or with other people? If yes, please explain.
Who are children currently living with? Where are they living?
Do you or the other person have any immediate or specific plans to move out of state or the county? If yes, please explain.
Do any of your children have medical issues or special needs that may need to be considered in custody/visitation orders? If yes, please explain.
Since the date of separation, please explain visitations.
Ideally, what would you want regarding visitation?
Do you believe the children are safe with the other parent? If no, please explain.
What do you believe the other parent might say about you [even if untrue]?
Are there any other things you want to share regarding custody and visitation?
Are there current orders in place regarding custody and visitation? If so, what are those orders? When were those orders made? How have the children done under the most recent orders?
Do you want to change the current custody and visitation orders? If so, why? What is different since the last order to make you want to request a change?
How does the other person currently support themselves? If they have a job, what is it? What other jobs, if any, did the other person have when you were together? Provide the best estimate of the other person’s monthly income.
How you currently support yourself? What is your job? If you don’t have a job currently, but have worked in the past, what were those jobs?
Do you have any health-related issues that limit your ability to work?
Do you or your spouse have any money in the bank? If yes, please explain. Have you or your spouse recently taken money from bank accounts, 401ks, IRAs, or pensions? Has your spouse threatened to take money from bank accounts, 401ks, IRAs, or pensions? Do you or your spouse own a car or other vehicle? If yes, please explain. Do you or your spouse own any other assets of value? If yes, please explain.
Do you or your spouse have any debts? If so, please explain.
Etc. [This is not an exhaustive list of questions]
[California Family Law Basics]
