do you have to speak to your ex when you get a lawyer

by Roberta Treutel 4 min read

Your ex cannot talk to your attorney for advice. Your lawyer and your ex can pass on information to each other, because your ex has no one to speak on his or her behalf, but that’s the legal extent of their communication with each other. (Ordinarily, that type of communication would only happen between attorneys.)

Full Answer

Can My Ex talk to my attorney for advice?

Aug 03, 2015 · His lawyer owes no duty to you, so you can't force her to talk to you. Your better option is to get your own lawyer and let your lawyer communicate for you. Lawyers do better dealing with other lawyers. (His lawyer actually owes your ex a duty not to run up his bill and having conversations with you that aren't productive will run up his bill.

Why doesn’t my Ex have a divorce lawyer?

Jun 27, 2011 · Yes. If you are representing yourself, you can talk to your ex-spouse's attorney. However, there is no requirement that the attorney talk to you.

Can I get my ex husband to pay for my lawyer?

Nov 11, 2018 · So, here are three things you can do right now to move forward if you’ve just learned that your ex is talking to a lawyer. Reach out to your ex. I know, this can be a hard one. But if you’re at the beginning of your divorce and you’ve just learned that your ex has spoken with a lawyer, this is the perfect opportunity to suggest that you take a side step and try mediation …

Can I talk to my husband's attorney without a lawyer?

Jun 06, 2014 · If your ex has a lawyer, your lawyer cannot speak directly with your ex. If you would prefer for your lawyer to speak with you before your ex about any matter, you should express this directly to your lawyer directly. In addition, you should obtain a better understanding as to why the court date was adjourned or postponed.

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Should I tell my ex I got a lawyer?

The relationship you have with your lawyer is sacrosanct. When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential. That means your attorney cannot talk about your case in public or to third parties without your consent.Aug 18, 2015

Can my attorney talk to my ex?

Offers FREE consultation! If your ex is unrepresented then your attorney has to speak with him if he calls. You can ask your attorney to limit the calls to only necessary issues. Your attorney should not be providing any legal advice to your ex.Feb 11, 2017

Do I have to talk to my ex during a divorce?

There's a lot of gray area on this topic, but a basic rule is simply to keep silent. Don't talk about your divorce with friends, relatives, co-workers or even in-laws. Your wife's family may take your side at first – especially if she left you – but they'll eventually forgive her.

When should you talk to a lawyer?

An incident of driving under the influence or domestic violence; accusations of any kind of criminal behavior, including white collar crime or tax fraud, should send you straight to your lawyer. If you don't have a lawyer, then your first call should be to someone you trust to help you find one.Jan 7, 2013

How do I communicate with my ex wife after divorce?

Listen. Be aware of any concerns or problems the children may have.Encourage them to have a strong relationship with your ex.Keep them aware of the parenting routines and schedules.Encourage them to talk openly with you about their feelings and thoughts.Reassure them that you'll always love them.Mar 28, 2010

Does no contact work after divorce?

The no-contact rule refers to cutting off all contact with an ex following a breakup, and it's the best method for moving on from an ex. No contact should last for a minimum of 60 days, and it includes no texting, no calling, and no interacting on social media.Dec 26, 2019

Can I talk to my wife during a divorce?

You should only communicate with your spouse if the communications are to be positive, important and cordial. Feelings can run a little hot in divorce ”“ it happens, it's normal ”“ but you want to keep a level head. If you act hateful or threatening, that will hurt you in divorce court in matters such as child custody.Jul 12, 2016

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

How do lawyers communicate?

Ask your lawyer how he or she communicates. Some might prefer to communicate by email. Others may communicate by telephone. At your first meeting with the lawyer, you should discuss how you will communicate. Try not to demand that the lawyer use your preferred method of communication.

Can you contact an attorney?

Not only can you contact the attorney, you absolutely have to deal with the other party's attorney because you are choosing to "be your own attorney" and the court will expect you to do what an attorney would do, if you had one.

Can I get my ex to pay for my attorney fees?

Yes you can, but it is not suggested. If your ex has money and has started a law suit against you, you may be able to get the court to direct him to pay for your attorneys fees. Ask for a free consultation with a matrimonial attorney and ask about that. Good luck.

What to do if your ex has legal questions?

If your ex has legal questions, they should seek counsel. So should you, even if you just want a 30-minute gut check with a (California) lawyer. Divorce is the separation of the most complicated financial and emotional contract either of you has likely ever entered into.

Is a mediator more affordable than a lawyer?

A mediator is a far more affordable option than both of you hiring attorneys, and the mediator will be able to answer both of your legal questions as they help you through the paperwork. Start booking your own interview calls with lawyers. Having more information is always a good thing.

What happens if my husband is not represented by counsel?

As mentioned, if your husband is not represented by counsel, then the attorney has no choice but to communicate with him directly. Sometimes attorneys have to seek adjournments for a variety of reasons, and presumably, the attorney does communicate with you the substance of whatever communications he has with your husband, whether by phone, email, or mail. As mentioned, if there are concerns...

Is it normal for your husband to represent himself?

If your husband is representing himself, the above seems completely normal. If you believe that your attorney is not diligently advocating for you because he has developed a relationship with your ex, you should address these concerns with your attorney or switch attorneys. However, from the above fact pattern there does not seem to be anything done that is not permissible...

What happens when you go to court?

When you go to court, your lawyer will generally do most of the talking on your behalf. Unless the judge asks you a direct question, you probably won’t say much at all. However, your ex will be expected to speak for him- or herself.

Can my ex talk to my attorney?

Your ex cannot talk to your attorney for advice. Your lawyer and your ex can pass on information to each other, because your ex has no one to speak on his or her behalf, but that’s the legal extent of their communication with each other.

Is self representation necessary in divorce?

The Downside of Self-Representation During Divorce. While divorce seems like a straightforward process, that’s not always the case. In fact, there usually are back-and-forth documents that often need to be filed with the appropriate clerks within certain timeframes.

Can a friend give anecdotes about divorce?

Well-meaning friends and family might be able to provide personal anecdotes about their own child custody , property division and other divorce experiences, but every case has its own nuances; what works for one person won’t work for another, even if the situation is similar.

What happens if you violate a no contact order?

A spouse who violates a no contact order by calling, texting, emailing, approaching or stalking the victim spouse may face jail time. An attorney can communicate on a spouse’s behalf in cases where a protective order is in place.

Can you use foul language in court?

Moreover, foul language and threats may later be used against you in court . It’s important to be on your best behavior when contacting your spouse. However, it’s important to reach out to your spouse immediately if you have an urgent question or need to discuss details for picking up or dropping off a child.

Can you record a phone conversation with your spouse?

Those communications may become useful in your case. Avoid recording telephone conversations with your spouse. If you haven ’t told your spouse that the call is being recorded, it may not be admissible in court. In rare circumstances, your attorney may suggest video recording an interaction.

What happens if your ex doesn't handle a break up?

When your ex doesn’t handle a break-up well, things can get ugly. Your partner might get violent and take it out on you. In some cases, he might harass you with threatening calls and texts. However, you don’t have to put up with their behavior. Instead, you may be able to file for a restraining order.

What happens when you split up with your ex?

When you and your ex split up, the emotions can take over. You might say and do some things that you regret. As a result, you could do something that can have long-lasting implications. In some cases, this means getting a restraining order against your ex. Find out whether or not you should get a restraining order against your ex ...

What are the reasons for getting a restraining order against my ex?

Sexual misconduct. Criminal mischief. Forcible touching. Strangling. While there are other ways of getting a restraining order against your ex, these are common causes of one. You need to talk to a lawyer to find out if your situation qualifies.

Can my ex get custody of my children?

Instead of coming to an amicable agreement, your ex could use his anger and try to get the best of you in the divorce. In a custody case, your ex could go for custody of your children out of anger.

Can you be charged with a misdemeanor for falsely reporting a crime?

Your partner can dispute the order. When your deceit comes to light, you could face criminal charges. Falsely reporting a crime is often a misdemeanor offense. If you get charged with a misdemeanor, the conviction could hurt you in future court cases.

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