We are getting divorce. We don’t have any kids and have agreed on house and other stuff. My wife has an attorney to make sure divorce will be done correctly. This attorney will also do my paper work.
My wife say an attorney can not represent two people at the same time (conflict of interest). I don’t see any reason to get my own attorney, since we have agreed on every thing and it’s supposed to be a peaceful divorce.
Do I still need to get my own attorney? Please help. I’ll pick the best answer later.
2007-10-19 00:39:35 · 20 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
You don't have to get an attorney.............. but I would strongly recommend that before you sign anything, you take the papers to another attorney and pay the consulting fee. Its maybe a couple of hundred bucks to have another attorney look over the papers and tell you if you're getting screwed or not. Its always best to have someone watching your back. Its cool that you and your ex are able to agree on stuff... and I get that you don't WANT to start a war with her........ but...... its too easy for some slick lawyer to slip in stuff if you aren't paying attention and some of the legal language isn't all that easy to understand.
2007-10-19 00:48:38 · answer #1 · answered by Aron1968_30 5 · 2⤊ 1⤋
It really is up to you. an attorney that you hire will be looking out for your best interests. But if you agree to everything that is in the divorce contract then make sure to read it carefully and know exactly what you are signing. You can not get a court appointed attorney, that is only if you have been charged with a crime. If you have any doubts at all about anything in the divorce settlement then by all means get your own attorney. Your own attorney may just see things that you haven't even thought of.
2007-10-19 01:15:20 · answer #2 · answered by Len 3 · 3⤊ 0⤋
Technically, if the parties agree on all the terms, an attorney can draft the contract (separation agreement) to which the parties agree. However, human nature is human nature. It really is in your best interest to have someone look out for YOUR interests. There may be other things you have overlooked (pension is one example that comes to mind).
Even though you don't see the need now, if something comes back later and bites you in a place where you'd prefer not to be bitten, you will wish you had listened to all the people on Yahoo Answers and obtained your own attorney.
2007-10-19 01:02:24 · answer #3 · answered by CGordo 4 · 0⤊ 0⤋
In most cases, you should have an attorney. However, if it's a peaceful departure and everyone is in agreement, then you should be okay.
I'm in the middle of a peaceful divorce as well and we agreed to everything, even sharing the cost of the attorney, mine. One thing we have agreed on, any more attorneys would probably blow things up and create alot of hard feelings.
She keeps the house, she'll pay me 50% of what the home is worth, she keeps all other assets. Most of those assets she had before we married.
2007-10-21 11:04:20 · answer #4 · answered by zdude_4u 4 · 0⤊ 0⤋
Absoltuely get your own lawyer. What you two could have done was mediate a settlement with a mediator together. Much cheaper, but it is STILL important to have someone look after your best interests.
I am sure the lawyer your wife has is charging you both, right? So better to pay someone who cares about YOU and you only. Don't be cheap here... you need to make sure that YOU are getting what is fairly yours. This can't happen when a lawyer is doing both sides of the contract. IF he is acting as a mediator, you still want your own counsel to review the final agreement. It's best for you. really.
Good luck
2007-10-19 00:57:10 · answer #5 · answered by teritaur 5 · 0⤊ 0⤋
Yes have an attorney represent you just to assure that the paper work is correct and that you are getting what you want. Remember the phrase read the fine print. Sorry about your divorce. Martha Jones
2007-10-19 00:44:58 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I agree with elvlayar... and I am an attorney. IF you are comfortable with the agreements and are filing a joint petition for dissolution, then the only thing you should be needing an attorney for is to review the petition you plan on submitting to the court and any agreements as to property and other issues.
2007-10-19 01:50:03 · answer #7 · answered by hexeliebe 6 · 1⤊ 0⤋
I agree with Aron1968 and CGordo. You should, at the least, have a lawyer of your own check out the agreement before you sign it.
For years, I was married to a man that let drinking and getting drunk matter more to him than me and our two kids. When I finally wised up and decided to divorce him, I went to a lawyer and had an agreement drawn up. I think that I was more than fair with him except for one thing. I was not out to shaft him but I could have if I had wanted to. Towards the end we had very bad arguments mostly about his drinking every day. He was very angry. He actually had the nerve to tell me that we wouldn't be having any problems if I would just quit nagging (not the word he used) him about drinking. But I had had enough and just wanted out.
In the agreement that I had drawn up he would keep the 30 acres that was paid for while would keep the house in town with the morgage on it. I even agreed to continue to make the payments on his pickup.
Before you start to wonder what my point is, let me tell you why I think you should have the agreement checked out. I told him most of what I had put into the agreement. He was so mad at me, for wanting a divorce that he didn't read the agreement before he signed it. And that was what I was counting on. What he got was free of debt while I got the bills. He wouldn't even have to pay child support because the kids were both over 18.
Throughout our marriage, he never tried to save any money or contribute to a 401K. He didn't even want to get life insurance. I had always contributed the maximum to my 401K and I had a good paying job. I had it put into the agreement that he would have no claim on my 401K. That little statement was just sorta tucked in there. If he had taken the agreement to a lawyer, I'm sure that he would have been told not to agree to it because of the value of my 401k.
He has never been the type to think about tomorrow. He always told me "we'll get by somehow, don't worry". That was one of the reasons that he didn't want to get life insurance, he figured that the kids and I would get by somehow. Another reason he didn't want life insurance, he said, was that he didn't want another man to benefit from his work or money. I decided that since he didn't worry about what would happen to me and the kids without him that I would not worry about what would happen to him without us. For years, he had taken my self-esteem but I was not going to let him take my financial security that I had built for myself. He doesn't worry about tomorrow but I do. He doesn't have the financial security that I do but he still has his alcohol. So, maybe I did shaft him after all. Do you think that I did?
2007-10-19 03:25:26 · answer #8 · answered by grahod 4 · 0⤊ 1⤋
Even if everything is "agreed upon," it is ALWAYS advisable to retain your own counsel. You cannot rely upon the opposing counsel to perform all the paperwork criteria for you for free (and in many instances they will not ... its a nice thought that they might though!).
Besides, if something SHOULD come up where there's a conflict it is far better for your counsel to discuss matters with hers rather than you trying to get into a pissing match with either her or her attorney.
Nope, shell out the few grand it'll take to make sure everything's on the up & up. If its as easy as you seem to think it shouldn't cost more than probably $5K.
2007-10-19 00:51:50 · answer #9 · answered by Brutally Honest 7 · 1⤊ 0⤋
Your wife's attorney is paid and in fact bound by professional code of ethics to act in the best interest of his client, your wife. Do you really want your rights safeguarded by a guy who is sworn to get the best deal for the opposing party?
2007-10-19 01:13:13 · answer #10 · answered by Liz 7 · 1⤊ 0⤋