my husband has hired a divorce lawyer now what

A divorce lawyer legally cannot represent both of you in any divorce situation. So, if your spouse asks you if you can pay half of the legal bill, you should lean towards saying no. Any lawyer that your spouse hires is professionally unable to also serve your interests.

Full Answer

Can I hire a divorce attorney hired by my spouse?

An attorney hired by your spouse can’t serve your interests too. Under limited circumstances, a couple can use one attorney to resolve their divorce. Specifically, couples who’ve already resolved their asset, debt division, and custody issues may want to hire one attorney to draft up a divorce agreement.

What if my spouse has a divorce lawyer and I don't?

What if My Spouse Has a Divorce Lawyer and I Don't? Divorce is scary enough without your spouse’s lawyer intimidating you in court. Yet, some people choose to represent themselves in a divorce even when a spouse has hired a lawyer. You don’t need to hire an attorney simply because your spouse has one.

Why doesn’t my Ex have a divorce lawyer?

Whether you’re the one who filed or your spouse took the first steps toward dissolving your marriage, you might be a bit surprised to find out that your ex hasn’t hired a divorce lawyer. Maybe it’s because he or she can’t afford it; perhaps there are personal reasons. Either way, if your ex doesn’t have an attorney, how does it all work?

Do I need a lawyer for a high-asset divorce?

It’s wise to get your own lawyer if you have a high-asset divorce or complex finances. An experienced attorney will request documents and do the research necessary to get an accurate picture of your spouse’s finances. Ultimately, that information can lead to a fairer division of assets.

Can my lawyer talk to my wife?

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. Attorneys can also help you contact a difficult spouse or their attorney.

How do you play dirty in a divorce?

Top 10 Dirtiest Divorce TricksServing Papers with the Intent to Embarrass. You're angry with your spouse, and you want to humiliate him or her. ... Taking Everything. ... Canceling Credit Cards. ... Clearing Our Your Bank Accounts. ... Starving Out the Other Spouse. ... Refusing to Cooperate. ... Jeopardizing Employment. ... Meddling in an Affair.More items...•

How do narcissists deal with divorce?

In a narcissist's mind, they do not fail; they do not make mistakes. Therefore, your spouse will place the blame for the divorce squarely on your shoulders. A narcissist will use whatever resources they can to protect their self-inflated ego.

How do you fight a narcissist in a divorce?

Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

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.

Who can I contact if my spouse is divorced?

If your spouse has hired a divorce attorney and you’re not sure whether you need your own, contact the offices of John C. Fitzpatrick to discuss your legal requirements and see what assistance would be best for your situation.

Do I need a divorce lawyer?

If your spouse has already retained the services of a divorce attorney, you are going to need your own lawyer. While divorces certainly happen all the time with one or sometimes even no lawyers involved, that does not mean that it is necessarily in your best interest to go without one. If your spouse has already hired counsel, he or she could well be signaling that he or she fully intends to protect his or her visitation and child custody rights as well as property interests and intends to protect the rights and interests beyond any informal discussions between spouses.

Can both spouses hire the same attorney for child support?

While it may not be common, sometimes both spouses can hire the same attorney to facilitate the filing of all the paperwork for the child support, divorce and conservatorship or custody. While this can indeed be a fair arrangement when both partners are in complete agreements of the property division and any child issues, as the attorney will not have any duty, or shouldn’t have any duty, to advise each party of their rights to the detriment of the other. The attorney is purely there to make sure that the process goes smoothly right through to completion. But this is very different to one spouse hiring an attorney on his or her own.

What is mediation in divorce?

Divorce mediation typically involves a neutral mediator – usually a divorce lawyer – so he or she can assist you and your spouse to reach an agreement that both of you can live with. A divorce mediator will not represent you or your husband, and as such can’t give either of you legal advice. Rather, a mediator will help you identify the issues that need resolution and assist in creating a divorce agreement that is in compliance and alignment with applicable laws.

What is the primary goal of a lawyer?

Lawyers are supposed to work under one primary goal: the relentless pursuit of their clients’ interests. If you convey to a lawyer that your interest is specifically an amicable divorce, then that’s just what you should expect.

What to do if you can't agree to custody?

If you and your spouse are unable to agree to a custody arrangement, then you also need to hire your own lawyer to get help sort this aspect of the divorce out. Many factors are in play in a custody decision. A divorce lawyer who understands the fine print of the laws that apply where you live gives you a far better chance ...

Can a divorce mediator represent you?

A divorce mediator will not represent you or your husband, and as such can’t give either of you legal advice. Rather, a mediator will help you identify the issues that need resolution and assist in creating a divorce agreement that is in compliance and alignment with applicable laws.

Is divorce scary?

The prospect of divorce is a frightening one in its own right. The marriage and union you had hoped would last, and likely worked hard to accomplish, is coming to an end. The last thing you need is your spouse’s attorney intimidating you in the courtroom . Even despite this, some people make the choice to represent themselves in divorce hearings, even if their husband has personally hired a lawyer.

Can you get angry during a divorce?

It’s easy for you, your spouse, or both of you to get angry and even emotionally distraught during the divorce process. Simply handing the responsibility for handling your divorce to your divorce lawyer might seem like a welcome relief. However, it might actually complicate things for you more than simplify them.

Can a couple have a single lawyer?

Having said this, in certain situations, one couple might share a single lawyer in order to bring joint resolution to their divorce. This is usually restricted to couples that have already resolved custody issues, the division of debt, and asset partitioning on their own.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

What are some secrets that a divorce lawyer may not want to share with you?

Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

What happens if your lawyer doesn't understand your law?

If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.

What is the difference between assertive and take charge divorce lawyers?

11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.

What does it mean when a lawyer doesn't respond to messages?

A lawyer who doesn't respond to numerous messages probably isn't giving your case the attention it deserves. 6. Unfamiliarly with the Divorce Process. Many attorneys focus on one or two practice areas, such as family law or criminal law.

What happens if your attorney forgets your 4th child?

Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case . Your attorney should remember the basics about your divorce.

What happens if you miss a court date?

Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice. 2. Perpetually Late. It’s a bad sign if your attorney is always running late, especially if it’s to an important meeting or a court hearing.

Is it okay to ask your attorney to check your case notes?

It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls. It's usually a bad sign if your attorney consistently fails to return your calls within a reasonable time.

Can an attorney file documents on time?

There is simply no excuse for an attorney who can’t file documents on time or one who misses important hearings in your case. Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice.

It could mean more work fixing mistakes

It could mean more work fixing mistakes. If your spouse does not understand something he or she will have nobody to turn to for legal counsel besides free resources. This can often lead to misunderstandings about the law and the procedure in a Las Vegas Divorce. Usually, this means more work for you and your lawyer.

Your attorney and the judge cannot help

Your attorney and the judge cannot help. Time and again, our office appears in Court against parties representing themselves. Many times these parties will try to ask us, or even ask the judge, for legal advice. It is important to remember that your lawyer is YOUR DIVORCE LAWYER.

Court appearances can be frustrating

If you or someone you know is going through a Las Vegas Divorce, call our office today at (702) 433-2889 or fill out our on-line form for more information. We have over fifteen years of combined experience in handling family law matters and we have resolved over 2,000 family court cases. We can help.