My wife placed a restraining order on me. It was not necessary. I have filed for divorce. No kids , just real estate issues. My lawyer is incompetent.Can I use my wife's lawyer to help us in the divorce settlement. I want to avoid paying legal fees for two lawyers. The are draining our hard earned resource by making unnecessary corespondences and delays.
2007-08-07 03:16:44 · 17 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Your wifes attorney is only going to "help" your wife. Stay clear of trying to talk to him as I am pretty sure that he will only tell you that it would be "conflict of interest" anyway. Look at it this way...the more that the attorney's get...the less that she gets. If you told her this, then maybe you two could work things out better just between you.
2007-08-07 03:22:33 · answer #1 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
Technically, your wife's attorney can prepare the settlement agreement. Keep in mind though, that your wife's attorney represents your wife and what is in her best interest. If he didn't, then your wife could sue him for malpractice. Very rarely, will a settlement be equally fair to both parties. You need to ask yourself if saving on the attorney is worth the "extra" that your wife might get.
You could fire your attorney, have your wife's attorney prepare the documents and then you could pay an attorney to review the documents for you and tell you exactly what they mean. This would save a considerable amount of money and there are attorneys who offer consultations and review documents and point out problem areas for you. That's all they would do, though, unless you paid them extra.
2007-08-07 13:48:18 · answer #2 · answered by Susan D 5 · 0⤊ 0⤋
No, you need to have your own lawyer, but you could still get rid of him and find another if he is incompetent. That's the way all divorces are only the attorney ends up with all the money. My divorce took 1 1/2 yrs. to finalize. We had no children either, so the lawyers got rich. Sounds like you have my lawyer. I would find a new one, if he is padding his bill.
2007-08-07 10:28:08 · answer #3 · answered by the_wayward1 4 · 0⤊ 0⤋
There are attorneys out there that will handle both you and her at the same time. How ever, this is usually only when there is not hostility, just a mutual understanding that it is over. You could try calling her attorney and state that you know she is being represeted by their office and to speed the process if you could both be represented. As for saving money, HA! thats funny. Any time you hear the word Attorney or Lawyer, they are the ones getting the money, not you or her.
2007-08-07 10:24:22 · answer #4 · answered by Cap'n Mad Jack Cheddar 3 · 0⤊ 0⤋
you cannot use the same attorney. thats like a conflict of interest. Divorce lawyers will drain your account. Go to the courthouse . most states have a no fault divorce with property or children to settle. the divorce packet is usually under ten dollars and then you have around 150.00 in court fees but you do it without consel and the judge rules on your case. quickie divorce. done it before and it is fairly easy.
Good Luck!
2007-08-13 14:40:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No lawyer can adequately serve two clients who are in the same case. I'm no expert but it doesn't make sense. In your case, you just want to save money but it doesn't work that way... you need a lawyer to present and defend your interests. That is what her lawyer does for her. Maybe you could try mediation and that might be less expensive in the long run. But you still need a lawyer.
Your lawyer is incompetent? Hire a different lawyer. No other solution to that.
2007-08-13 00:09:40 · answer #6 · answered by kathyw 7 · 0⤊ 0⤋
I've never heard of one lawyer taking care of two fighting spouses, unless they agree on everything down the middle and in your case I wouldn't want to use the same lawyer as your wife. Fire this lawyer of your's and get you another b/c some times the lawyers eat you up in hourly fees, and then they've won more than you were fighting for in the first place.
GOOD LUCK!
2007-08-14 00:25:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Wow a guy who wants to get this over with, hats off to you. Call this lawyer and ask if you can use this person, it would make it so much easier on everyone. Going through a divorce also, he is on his second lawyer, he fired the first you just tell them your fired and pay the bill.
2007-08-07 10:22:56 · answer #8 · answered by kim t 7 · 0⤊ 0⤋
No, not after the restraining order.
It is only wise to use the same lawyer if both of you are amicable, and still the lawyer can only represent one of you. Since there is a restraining order, no lawyer would agree to this, and they can't legally agree to represent both of you anyway, it is against the ethics in divorce law.
2007-08-07 10:21:54 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If you try to use "her" attorney, she will take you to the cleaners. I guarantee it. If your lawyer sucks, fine, get a new one. But if you try to work with them without your own legal representation, the only person that will be drained of their hard earned resources will be you.
2007-08-07 10:20:53 · answer #10 · answered by Mr. Taco 7 · 0⤊ 0⤋