The Law Office of
Michelle R. Nobile
What do I need before I call an attorney?
BANKRUPTCY:
Click here for the initial consultation retainer agreement (initial consultations are done at no charge) Click here for all questions, but please read this page for instructions on how to complete this form. If you cannot open this link, please download the FREE Foxit Reader below.
This includes all items of personal or real property that are in your name either in part or in whole, regardless of whether or not you actually bought or use it.
Example:
•Your name may be on the title to your spouse's car. If this is the case, you must list that as an asset
•Your name may be on a deed to a house in which you do not live. Here you can search the Monroe County Clerk's records: MCCO
•You can find the resale value of your home by checking your last property tax bill (which is usually accurate but not always) or a recent appraisal, which you would have received if you recently refinanced your mortgage or taken a second mortgage. Also, be sure you DO NOT deduct the value of any mortgages or liens on the property when listing the resale value. I ask about mortgages, etc. later.
•To get the resale value of your automobile click here: Kelley Blue Book (Please print out and keep copies of both trade-in as well as retail values.)2. All LIABILITIES in your name alone or with someone else and the total amount due.
NOTE: For mortgages, you will need to obtain a payoff figure and later you will need a payoff statement from your lender unless you have the total balance due on a recent statement.
3. All LIVING EXPENSES and the amount expended MONTHLY.
NOTE: If an expense is incurred yearly (ex. car insurance), take that amount and divide by 12. If an expense is incurred weekly, multiply by 4.33, etc.
4. All INCOME from whatever source, per month.
Be sure to include: wages, social security, child support, etc. If you are married, even if your spouse is not filing, please list his or her wages as well. Preferably, you should bring in the most recent pay stubs from all employers as well as the date you began working this year.
NOTE: You will also need copies of your tax returns for the last two years, recent pay stubs, copies of your title to your car, deed to your house, property tax assessment/tax bill or appraisal, recent payoff statement on your mortgage and automobile loan.
The date you were married.
Whether or not you are living together, if not, who left and when.
Why you think you are entitled to a divorce. Ex. your spouse has been mean to you, cheated on you, left you, been in jail for three or more years, etc. HOWEVER, there is no such thing as irreconcilable differences as grounds in NEW YORK STATE. If your attorney decides that you do not have grounds, there may be other options for you.
Children's names, ages, social security numbers, and custody status or proposed living arrangements for your children.
You will eventually need to complete a Statement of Net Worth. Click here: Statement of Net Worth
(this list may not include all property you own, so be sure to add anything not listed)If possible, make copies of recent bank, 401k, retirement, and other financial account statements.
Remember, if a degree or license is earned by either of you while you were married, that may be marital property too.
List of all liabilities, who is liable for them, and the total amount owed. (collect copies of recent statements if possible.) Be sure to note whether an account is joint or not. NOTE: Just because you never used a card doesn't necessarily mean that you are not a joint debtor on that account.
Your yearly income and your spouse's yearly income as well as a list of all present and past employers for you and your spouse beginning with the date you were married.
If there are any existing court orders, please bring them with you. Ex. custody, child support, order of protection, etc. Also, if you have a child support order and your spouse is in arrears, please try to get the amount he or she is in arrears.
If you and your spouse can agree on what to do with your children, your assets and your liabilities, make notes of that as well.
Have your traffic tickets handy.
Try to remember exactly what happened, why you were pulled over, what the officer asked you and what you said or did. If you took the breath test, try to remember what your BAC reading was.
List all prior convictions, except minor traffic offenses. This includes all other criminal charges.
List any outstanding charges, including traffic tickets, parking, etc.
Know your current status: are you on parole, out on bail, if so, how much?
List each time you were in court on this charge, what happened and if anyone gave you any papers or if they were mailed to you. Keep the envelope or make a note of when you received what and bring everything with you.
When is your next court date, in which court are you to appear and who is the Judge?