I'm in the SF bay area and my husband and I want a divorce. We agree on everything, how property and debts be split. He is afraid that the court would force him to be stuck with some of my debts and wants to talk to a lawyer. I've told him a lawyer is going to cost way too much money and we don't need one since we essentially agree on everything. I would prefer to handle it ourselves, but perhaps with some assistance from a paralegal or self-help service. Mostly we have a few questions that need to get answered and would like someone to look over the paperwork before it gets filed in court. So, do we really need a lawyer?
Any recommendations for lawyers, paralegals and divorce centers in San Francisco or Oakland?
2007-03-05 05:41:18 · 15 answers · asked by xicanaocelotl 2 in Family & Relationships ➔ Marriage & Divorce
To clarify, the debt is all mine and I have no
intention of asking him for alimony or to pay the debt off. He is mostly afraid that the court will stick him with the debt even if we agreed I was responsible for it. That's what he wants a lawyer for, to ask questions of how to handle the debt issue. I would be fine with going to a paralegal or self help place, it's not like we have kids or own property together. It would be simple if not for my debt issue.
2007-03-05 05:54:39 · update #1
I don't live in your area, so I can't give you any recommendations for divorce centers etc. However, the Court will not look behind the agreement of the parties in a divorce case unless it involves child support. You don't need a lawyer. I know California is a community property state (just like the state I practice in). Your husband will never be relieved completely of responsibility of debts incurred during marriage--but you won't be either. Since the creditors are not parties to the divorce, they are not bound by your agreement. No attorney can fix that. If either of you do not pay the debts you assumed, the creditors can go after the other party. Your sole remedy is to take the other party back to Court to enforce the divorce decree, which is a Court Order--therefore, a violation is Contempt of Court. Make sure your marital settlement agreement is very specific about the debts and the assets. Then make sure the divorce decree says: "The marital settlement agreement between the parties is incorporated herein as though fully set forth" and attach a copy to the divorce decree. Alternatively, the divorce decree can list all these matters in detail. Either method works. The Court Order should be captioned "Order of Dissolution of Marriage." If you want, you can also change your name back to the pre-marriage name if you had changed it after the marriage. I'm a lawyer, but I agree with you. If you have a settlement, involving a lawyer will just make everything more expensive and may make one of you change your mind on the split of debts and assets. Between the two of you, it does not have to be fairly and equally divided. If the Court divides it, it will be as mathematically equal as possible.
2007-03-05 05:58:12 · answer #1 · answered by David M 7 · 0⤊ 0⤋
If you agree on everything, you can download divorce forms online, fill them out, print them, and be ready to go. It's a LOT cheaper than hiring a lawyer you don't need.
I've been divorced twice...and I did all of the paperwork myself. It's quite possible, and it's easier than it seems.
If it makes you more comfortable, find a paralegal to look over the paperwork before you file. But don't waste your money on a lawyer.
2007-03-05 05:44:49 · answer #2 · answered by Meg M 5 · 0⤊ 0⤋
I don't think you even need a lawyer. If the two of you are in agreement on everything, check the web for do-it-yourself divorces. You can file on your own and split things the way you want to. It saves time and money for both of you. Just type in do it yourself divorce and your state and it should come up with a lot of options. Here is one I found: "California Divorce Online
www.lawdepot.com - Avoid costly legal fees. Create your own uncontested divorce documents using our automated online form." I just typed in do it yourself divorce in California. Good luck!
2007-03-05 05:48:56 · answer #3 · answered by megokane 3 · 1⤊ 0⤋
By law EVERY court system in California has in its court building a "family law facilitator". These are attorneys that assist people in are doing their own divorces via propria persona. They can go over your paperwork and make sure everything is in order for the court itself. More importantly they are FREE. This does not include filing fees, court costs, etc. You could basically take a morning to go over there and ask them to assist u with a "marriage settlement agreement." If u are unable to do this during the court business hours then a paralegal would be your best bet. But working in an actual family court room my experience has been that the family law facilitators are the best way to go with the likely hood of less mistakes as I have known paralegals to make..........good luck. I hope this helps!!!
2007-03-05 05:48:12 · answer #4 · answered by Papi G 2 · 1⤊ 0⤋
Get your own lawyer. never trust a soon to be ex, since you have no legal recourse if he should decide otherwise. The divorce forms you get over the internet or at the store is what keep lawyers with job security.
People will to agree to anything, when it is not in writing.
2014-07-01 01:18:07 · answer #5 · answered by Marshhawk 7 · 0⤊ 0⤋
Two possible solutions - 1) Since you are on disability you should be able to get some kind of help - how have you gone this far without one? 2) Since he apparently has the money - the attorney can ask for fees in court and they will be paid by your husband. Not knowing what state you are in - you might also see if they have legal assistance from the court system due to your situation. Good Luck. I have been in your shoes.
2016-03-16 05:07:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Call any attorney your first question is usually free for the asking or do you have any friends that know a good lawyer search around I'm sure you'll find the answers you are looking for and ways to proctect yourself. Right now everything is smooth but look out lawyers tend to change your way and his way of thinking. That's how they make money. Good Luck
2007-03-05 05:47:27 · answer #7 · answered by pixie 2 · 0⤊ 1⤋
if you both agree on everything, you do NOT need a lawyer no way, no how. A judge will allow you to handle your own divorce as long as there's no children involved.
Someone at the courthouse should be able to point you to the forms and show you how to fill them out properly.
2007-03-05 05:44:12 · answer #8 · answered by Munya Says: DUH! 7 · 0⤊ 1⤋
As long as you're in agreement, you can do without a lawyer easily. In fact, you can probably download the forms from your local court website, fill them out and file them yourself with very little trouble (in AZ, that's the case. I would expect CA would be even easier!)
2007-03-05 05:46:12 · answer #9 · answered by Johnna L 4 · 1⤊ 0⤋
Based on the fact the divorces never go smoothly and you both will not always agree, I strongly suggest going through a lawyer!!!! Just think if you won the lottery, if the paperwork isn't done properly he could get half!
2007-03-05 05:46:52 · answer #10 · answered by Jellybean 4 · 1⤊ 1⤋