My brother is getting divorced & wanted me to post this question. First off he told his lawyer he didn't want anything out of the divorce, no division of anything, he justs wants it to be over. Well the lawyer sent him all the paperwork to sign & after reading over it he noticed one part that said the he prays to obtain equal division of all properties. He called the lawyer before he signed it & she stated it was a formality and his soon to be ex-wife would get the real copy. To him this didn't make sense. Would it be correct to say that he should be signing the same paperwork his wife gets? Also what is a formality? Thanks.
2007-07-11 03:26:24 · 5 answers · asked by Jay 2 in Politics & Government ➔ Law & Ethics
In any divorce the courts will split everything down the middle. All assets, real property, all money, including retirement, all debt. Even him saying he doesnt want anything he is going to legally get it. He can then give it back to his ex if he wants but the courts will give him half.
2007-07-11 03:29:51 · answer #1 · answered by Yes I am here!! 5 · 2⤊ 0⤋
Hmm, I'm not a lawyer, but I would question that too. Yes, it does seem like he should be signing the exact same paperwork his wife will get. I would insist on knowing exactly what that phrase means. "It's just a formality" does not EXPLAIN it. It sounds like she is setting it up to divide all property equally. That may be the standard procedure, but maybe she wasn't listening when he said he didn't want anything. He's paying for this divorce and it should be set up the way he wants it. On the other hand, maybe he is entitled to SOMETHING out of the settlement and she is trying to protect his legal interests.
2007-07-11 10:33:24 · answer #2 · answered by leslie b 7 · 0⤊ 0⤋
Sounds like a generic form that happens to have that stipulation on it, many attorney's get pre-made forms on line, if the attorney is too lazy to write out a simple agreed upon form I would seek another attorney! I had an attorney try to settle an accident claim without even discussing the amount with me, I fired them on the spot!
2007-07-11 10:34:12 · answer #3 · answered by samhillesq 5 · 0⤊ 0⤋
Yes, depending on the state that you live in. A division is required to be 50-50%. I understand that he wishes it to be over however, it is rightfully his. He also has 2 years to go back on the divorce and hammer out certain details that were overlooked. Please note that in order to protect your brother, things such as 401k, etc. should be addressed!!!
2007-07-11 10:39:00 · answer #4 · answered by sewcrafty 2 · 0⤊ 0⤋
A lot of things are "standard" lingo in law...
2007-07-11 10:34:21 · answer #5 · answered by Challah back Girl... 5 · 0⤊ 0⤋