Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
A little preparation can make a divorce consultation far more useful. If you arrive with key documents, a short timeline of your marriage, and a clear list of goals and questions, the lawyer can spend the meeting on your actual situation instead of gathering basics. This guide explains what to bring, what to write down ahead of time, and what to expect about confidentiality and conflict checks.
Before You Schedule
When you contact a firm, you will usually be asked for some basic information first:
- Your spouse’s full name and any other names they have used. The firm needs this for a conflict check (see below).
- The county where you live and where your spouse lives.
- A short description of the issues, such as children, property, alimony or safety concerns.
- How to reach you safely. If your spouse reads your email or texts, give a private phone number or email address.
Ask whether the consultation has a fee and how it is paid. At Warner Law, consultations are paid, and you can start the scheduling process through the firm’s request form.
Documents to Bring
You do not need every document, and it is fine if some are missing. Bring what you can gather without alerting your spouse or taking anything you are not entitled to access. Copies are better than originals.
Legal and family documents
- Marriage certificate, or the date and place of marriage
- Any prenuptial or postnuptial agreement
- Any existing court orders, including custody, support or protection orders
- Any papers you have already been served with, including the date you were served
- Children’s names and birth dates
Financial documents
- Recent tax returns, ideally the last two to three years
- Recent pay stubs for you and, if available, your spouse
- Bank, credit card, investment and retirement account statements
- Mortgage statements and the deed to the home
- Vehicle loan statements and titles
- Records of business ownership, if either spouse owns a business
- A list of debts and who is on each account
- Life and health insurance information
If you have been served, note the date. In South Carolina, a defendant generally has 30 days after service to file an answer. Our guide on responding to a divorce complaint explains that deadline. For a fuller list, see financial records you will need for a South Carolina divorce.
Write a One-Page Timeline
A short timeline helps the lawyer understand your case quickly. Include:
- Date and place of marriage
- Where you have lived as a couple and for how long (South Carolina residency rules matter)
- Children’s births or adoptions
- Major purchases, such as a home, and when they happened
- Inheritances or gifts either of you received
- Job changes, business start-ups or periods when one spouse stayed home
- The date you separated, if you have, and whether you have lived together since
- Key events, such as discovering an affair or incidents of violence, with dates
Dates matter in South Carolina divorce law. For example, the no-fault ground requires one year of living separate and apart, and the date of filing generally marks the cutoff for what counts as marital property. Keep the timeline factual and brief. You can add details in the meeting.
Know Your Goals
Before the meeting, think about what you actually want. Lawyers can give more useful advice when they know your priorities. Questions to think through:
- Do you want a divorce now, or are you still deciding? A legal separation (separate maintenance) may also be an option.
- What custody arrangement would realistically work for your children?
- Do you want to keep the house, or would you rather sell it?
- Do you expect to pay or receive alimony?
- Is a quick, low-conflict resolution more important than any single asset?
- Are there safety concerns that need attention right away?
It is fine if you are unsure. Saying so helps the lawyer explain your options.
Bring Your Questions
Write your questions down and put the most important ones first. Common topics include the process, timing, cost, custody, alimony and property. Our list of questions to ask a divorce lawyer is organized by topic so you can choose the ones that apply.
Confidentiality and Privilege
People are often nervous about sharing personal details. In general:
- Lawyers must keep information from a prospective client confidential, even if you do not end up hiring them.
- Communications with a lawyer for the purpose of getting legal advice are generally protected by attorney-client privilege.
- Bringing another person into the meeting, such as a friend or relative, may affect privilege. Ask the lawyer before including anyone.
- Do not bring your spouse. A lawyer cannot advise both spouses in a divorce.
Be honest, including about things that do not make you look good. A lawyer can only give useful advice if they know the facts, including the difficult ones.
What Is a Conflict Check?
Before meeting with you, a law firm checks whether it has a conflict of interest, such as having represented or consulted with your spouse. That is why firms ask for your spouse’s name, and sometimes the names of others involved, before scheduling. If there is a conflict, the firm may not be able to meet with you. This protects both you and your spouse.
Some people try to meet with many lawyers to prevent their spouse from hiring them. Courts and the professional conduct rules may not treat a consultation made for that purpose as creating a conflict, so it is not a reliable strategy.
Practical Tips for the Day
- Arrive a few minutes early, or test your video connection if the meeting is virtual.
- Bring a notebook or use your phone for notes.
- Arrange child care so you can focus.
- Bring a list of medications or anything else you need to stay comfortable.
- Do not sign anything you do not understand. Take the fee agreement home if you need time.
After the Consultation
Write down your impressions and the lawyer’s main points while they are fresh. Compare your notes against your goals. If you meet with more than one lawyer, our guide on how to choose a divorce lawyer can help you decide. For the rest of the process, see the South Carolina Divorce Guide.
Frequently Asked Questions
What should I bring to a divorce consultation?
Bring your marriage date, any prenup or court orders, papers you were served with, recent tax returns, pay stubs, account statements, and a list of debts and assets.
Is my divorce consultation confidential?
Generally yes. Lawyers must keep information from prospective clients confidential, even if you do not hire them. Ask before bringing another person into the meeting.
Why does the law firm need my spouse’s name?
The firm runs a conflict check to make sure it has not represented or consulted with your spouse. If there is a conflict, the firm may not be able to meet with you.
Can my spouse come to my consultation?
No. A lawyer cannot advise both spouses in a divorce. Your spouse should talk with their own lawyer.
Do Warner Law consultations have a fee?
Yes. Warner Law consultations are paid. The firm can explain payment when you schedule through its request form.
Sources
- S.C. Code Title 20, Chapter 3 (Divorce)
- South Carolina Judicial Branch (Rules of Professional Conduct, Rule 407 SCACR)
- South Carolina Bar
Talk to Warner Law about your situation. When you are ready to talk about your own situation, you can schedule a consultation with Warner Law; consultations are paid, and you can begin through the request form. Warner Law’s office is at 1405 Calhoun Street in Columbia. Call (803) 692-1072 or request a consultation.
This article is general information about South Carolina law, not legal advice for your case. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
