When you ask a lawyer to handle your uncontested divorce, the first meeting can feel tense. You want quick answers. You also need to know what the lawyer will expect from you. Before taking your case, a divorce lawyer will ask clear questions to protect you, prevent delays, and avoid risk. The lawyer must confirm that both of you agree on everything. This includes your property, debts, support, and parenting. The lawyer must also check that your case is safe, honest, and allowed under your state law. Many people think they have a simple uncontested divorce. Then hidden problems surface and cause cost, stress, or harm. This guide walks you through the key questions a lawyer will ask. It helps you prepare your answers, collect documents, and spot danger signs early. That way you know what to expect before you sign any contract.
1. Questions About Safety and Past Harm
Your safety comes first. A lawyer will ask direct questions about past harm, threats, or control in your relationship. This can feel sharp. It is meant to keep you safe and to see if an uncontested case is fair.
You can expect questions like:
- Has your spouse ever hit you, pushed you, or blocked you from leaving a room
- Has your spouse ever threatened you, your children, or your pets
- Does your spouse track your phone, money, or daily moves
- Are you scared to disagree with your spouse about the divorce terms
Next, the lawyer will ask if you feel free to say no. If you do not feel safe, the lawyer may suggest a different path. You might need a protection order or a contested case. The goal is to stop pressure and protect your voice.
You can learn more about safety planning from the U.S. Office on Women’s Health.
2. Questions About Basic Facts and Legal Limits
The lawyer must confirm that your case fits your state rules. That means clear facts. No guesswork. You will need to share:
- Where you and your spouse live now
- How long you have lived in that state
- The date you married and the date you split
- Whether either of you has another open court case
Then the lawyer checks residency rules and waiting times. Every state has its own rules. Some require a short stay. Others require a longer stay before you can file. Some require a wait between filing and final orders. If your facts do not match the rules, the lawyer may need to delay filing or refer you to another place.
3. Questions About Children and Parenting Plans
When you have children, the court will focus on their needs. A lawyer must see if your parenting plan is clear and stable. You will walk through questions such as:
- Where will the children live during the week and on weekends
- How will you handle holidays, school breaks, and travel
- Who will make major choices about health care and school
- How will you share daily costs and big costs like braces or college
The lawyer will also ask if any child has special needs or a serious health issue. That can affect support, parenting time, and insurance. If your plan seems unfair or vague, the lawyer may warn that a judge could reject it. You may need to adjust it before filing.
States publish guidance on parenting plans. For example, the California Courts self help family site shows sample schedules and forms.
4. Questions About Property and Debt
Uncontested divorce still requires a full picture of money and property. A lawyer must see that both of you know what you own and what you owe. You should be ready to list:
- Homes, land, and any time shares
- Cars, boats, and other titled items
- Bank accounts, cash, and investment accounts
- Retirement accounts and pensions
- Loans, credit cards, and tax debts
You will need to say how you plan to split each item. Equal does not always mean fair. For example, one spouse may keep the house while the other keeps more retirement funds. The lawyer will check if the trade is clear and allowed under state law.
5. Questions About Support
A lawyer will ask about child support and spousal support. Even in an uncontested case, the court often reviews support numbers. You may discuss:
- Each spouse’s income and work history
- Child care costs, health insurance costs, and special needs
- Any plan to pay or waive spousal support
If your plan strays far from state guidelines, the lawyer may warn that a judge could question it. You may need written reasons for any unusual terms.
6. Questions About Honesty and Documents
Courts expect full truth. A lawyer will ask what documents you can share. Common records include:
- Tax returns for the last two or three years
- Recent pay stubs or proof of income
- Bank and retirement statements
- Loan and credit card statements
- Property deeds and car titles
The lawyer will ask if you believe your spouse has hidden money or property. If there is any hint of hiding, an uncontested case might not fit. The risk of fraud is too high.
7. Quick Comparison: True Uncontested vs Not Ready Yet
| Topic | True Uncontested Case | Not Ready for Uncontested
|
|---|---|---|
| Safety | No fear. You can say no without risk. | Fear, threats, or control are present. |
| Agreement | You agree on every issue in writing. | You still argue about at least one issue. |
| Money facts | Both know all assets and debts. | One spouse controls or hides money. |
| Children | Parenting plan is clear and stable. | Schedules or decisions are unclear. |
| Support | Support follows state rules or has reasons. | Support is missing or unfair. |
8. Questions About Goals and Expectations
Last, the lawyer will ask what you want your life to look like after the divorce. This is not a soft question. It helps shape the terms. You may discuss where you plan to live, how often you hope to see your children, and how you plan to handle shared events like birthdays or school events.
The lawyer will also explain what the office can and cannot do. You will hear about:
- Who the lawyer represents
- How you will share information with your spouse
- How fees and costs work
- How long the process may take in your court
9. How to Prepare Before You Meet
You can make the first meeting calmer and shorter with three steps.
- Write a list of all issues you and your spouse have already agreed on.
- Gather key documents such as pay stubs, tax returns, and account statements.
- Think through your bottom lines on safety, housing, and time with your children.
When you walk in with clear facts and records, you give the lawyer what is needed to judge if your case is ready. That reduces surprise and cuts the risk of future conflict.
