who is my wife's lawyer

by Alda Schimmel 5 min read

Can a divorce attorney represent both of your spouses?

Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it. 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.

Can my wife or husband act as an agent?

If your wife or husband is usually out on sales calls all day, they can’t act as agent. But if your spouse is mostly in one place during the business day, he or she meets this requirement.

How do I find the right lawyer for me?

In your search for the right lawyer, you should look for a lawyer who understands and has experience in the specific area of law for your issue.

What are my rights as a wife in a divorce?

This includes the right to any property and income accrued by your spouse during the marriage. The particular laws of your state will affect how marital property is divided between you and your spouse in the event of divorce.

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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.

Can my wife be my attorney in fact?

There are no restrictions on who you can name as your attorney-in-fact. Typically, however, spouses will name each other and then a child or children as successors in the event the spouse dies or is unable to act.

Can a lawyer represent their husband?

If you and your spouse have come to the conclusion that a divorce is in your best interest, you may be wondering if both of you can be represented by the same attorney. While it may seem convenient to be represented by the same layer, the short answer is no, you can't both be represented by the same counsel.

How do you address an envelope to a lawyer and his wife?

and the professional designation “Esq.” When writing to a lawyer and his or her spouse, do not use “Esq.” Instead, address the couple using the social form they prefer: “Mr. and Mrs. Robert Jones,”Mr.

Can a husband be a power of attorney for his wife?

So, you're wondering, 'Do I need Power of Attorney if I'm married? '. The answer is an emphatic yes. While your partner is your next of kin, that won't automatically grant them the right to manage your affairs should you be unable to do so.

Can husband give power of attorney to wife?

Yes, she can from her present city of residence can execute a POA. However the same must be registered giving you authority to deal with he proeprty including transfer on her behalf and hence on this basis you can execute the sale deed. The POA does not require much stamp duty . In many states like in WB it is Rs.

Can a lawyer marry his client?

States using the ABA Model Rules have a pretty clear guideline: "A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced."

Can a son represent his father in court?

Any authorized person can represent cheque bounce case on behalf of the complainant by authorisation letter or general power of attorney as per law and principle laid down by the Supreme Court of India in many cases. Yes, you can appear on behalf of your father by entering into General Power Of Attorney.

What are lawyers not allowed to do?

“An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which ...

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What initials go after a lawyer's name?

"Esq." or "Esquire" is an honorary title that is placed after a practicing lawyer's name. Practicing lawyers are those who have passed a state's (or Washington, D.C.'s) bar exam and have been licensed by that jurisdiction's bar association.

How do you write JD after a name?

Use abbreviations without periods—such as AB, BA, MA, MS, MBA, JD, LLB, LLM, DPhil, and PhD—when the preferred form is cumbersome. Use the word degree after the abbreviation. Example: Louise has a JD degree from California Western School of Law. On occasion it may also be appropriate to use formal names of degrees.

Why are lawyers important?

Lawyers are also important partners in situations that don’t involve the courtroom, advising clients about their legal rights and obligations for personal or business issues. They are trained to interpret complicated systems of laws and navigate the court system.

Why is it important to understand a lawyer's previous experience?

Understanding a lawyer’s previous experience is essential to understanding how they can handle your case. You’ll want to ask how many years the lawyer has been practicing. A lack of experience doesn’t necessarily make for a bad lawyer, though, especially if they have experienced lawyers around them.

What is an hourly rate for a lawyer?

Hourly Rate: Lawyers often charge an agreed-upon hourly rate for their work, and the work of their assistants. The hourly rate applies to both face-to-face consultations and behind-the-scenes work on your case. A good lawyer will usually be able to estimate the required number of hours per case in advance.

Is a bankruptcy attorney's fee refundable?

These are usually non-refundable if you choose to terminate the case early. Statutory Fee: Sometimes, state or local law determines a set amount that you owe your attorney for certain services, like bankruptcy cases and probate issues. A court may also set a statutory fee, though this isn’t standard.

What is considered when determining if attorney fees should be awarded?

Financial resources of the parties. While not the only consideration, this is probably the most significant consideration when determining if attorney’s fees should be awarded. The court examines the financial resources of both the party requesting fees and the resources of the party against whom the fees are sought.

Why do courts award reasonable attorney fees?

The purpose of allowing the court to award reasonable attorney’s fees is to ensure both parties have access to competent legal counsel and to ensure one spouse does not have an unfair advantage over the other.

Why is it bad to not file for divorce?

By not filing for divorce, a party may remain in a harmful or abusive relationship simply because he or she feels a divorce attorney is out of his or her budget. If a party does choose to file for divorce by him- or herself, he or she may waive important rights or fail to secure a favorable outcome.

What happens if Jorge does not request attorney fees?

Usually, if a party does not request attorney’s fees at the outset of the proceeding, then that party cannot later ask the court to award him or her attorney’s fees.

What happens if you harass someone in court?

If it appears to the court that one party is acting in such a way as to harass the other party or to stall the proceedings, the court may take this into consideration. In both cases, the party being harassed or the party that is not stalling will necessarily incur legal fees in defending him- or herself.

When one or both parties have requested that they be awarded reasonable attorney's fees, the court must determine whether the request

When one or both parties have requested that they be awarded reasonable attorney’s fees, the court must determine whether the request should be granted . In doing so, the court will look at a number of factors to gauge whether such an award is warranted. The list of factors a court can consider is broad, and a court can assign whatever value or importance to any individual factor.

Can you be awarded attorney fees for domestic violence?

A party may not be awarded attorney’s fees in any domestic violence proceedings or enforcement actions in which the individual seeking an award of attorney’s fees is found to be a wrongdoer (i.e., one who is denying the other party parenting time or who is not paying child support).

What are the rights of a spouse?

Marital rights can vary from state to state, however, most states recognize the following spousal rights: 1 ability to open joint bank accounts 2 ability to file joint federal and state tax returns 3 right to receive “marriage” or “family rate” on health, car and/or liability insurance 4 right to inherit spouse’s property upon death 5 right to sue for spouse’s wrongful death or loss of consortium, and 6 right to receive spouse’s Social Security, pension, worker’s compensation, or disability benefits.

What to do if you have questions about your marriage?

If you have specific questions about your marital rights or responsibilities, contact a local family law attorney for advice.

What happens to your financial responsibilities after a prenup?

Most often, a prenup or postnup will change your financial responsibilities or rights to assets upon divorce. For example, an agreement can require your spouse to take full responsibility for all debts, keep your property separate, and may limit either spouse’s right to collect alimony in the event of divorce.

What is the privilege of a spouse to not disclose confidential information?

The marital communication privilege or “spo usal privilege” prevents either spouse from disclosing confidential marital communications. Either spouse can invoke the privilege to prevent the other from testifying about a confidential marital communication.

What happens if you get married?

When you get married, you're promising to treat your spouse with respect. In many states, if one spouse engages in certain marital misconduct, such as abandonment, abuse, or adultery, that behavior can provide the grounds for a fault-based divorce and may even affect alimony and property division.

What happens to a person once they are married?

Once you're married, you have certain rights and responsibilities that single people don't have. Marriage brings both financial and legal benefits as well as duties. In some cases, these marital rights and responsibilities will continue even after your marriage ends—through death or divorce.

Can a spouse testify about the other spouse's actions?

However, one spouse can’t testify about confidential communications during the marriage, such as one spouse’s disclosure that he’d sold drugs to a friend. Marriage brings both financial and legal benefits as well as duties.

What is a sister in law?

There is also a similar term, co-sister-in-law, which can refer to the wife of one's sibling-in-law. There is also a half-sister-in-law, which is used when a person or their spouse has a half sibling. ADVERTISEMENT.

When did the word "sister in law" come into existence?

The origin of the sister-in-law is late Middle English, sometime between 1400 and 1450. The two possible plural versions are sisters-in-law and sister-in-laws, although the latter is usually viewed as incorrect, even though it is occasionally seen in published works.

Is my wife's brother's wife my sister in law?

Is My Wife's Brother's Wife My Sister-In-Law? Yes, the definition of sister-in-law does include the wife of a spouse's brother. A sister-in-law could also be the wife of one's brother or the sister of one's spouse. Except in unusual cases, one's sister-in-law is not a blood relative.

How does a spouse's cheating affect custody?

However, if your spouse chooses to continue to date the person they cheated with, that can certainly make for a more emotionally charged situation .

What does it mean when someone says they are infidelity?

Infidelity can include anything from an emotional affair or inappropriate text messages to dating or having sex with someone outside the marriage. In many states, you will have to prove that there was more than just a wandering eye or a relationship that teeters on the other side of friendship.

How do you know if you are infidelity?

The signs of infidelity may all be there: your spouse may come home smelling like perfume or you might find a receipt for a dinner for two at the most expensive restaurant in town when you know you weren’t the one being wined and dined that night!

Does infidelity affect divorce?

Other states don’t recognize adultery as a claim or consideration, so depending on the state, infidelity may not have an impact on your separation or divorce case. Laws vary from state to state, so it is important to know what the laws in your state say about cheating and your rights. 2. What evidence do you need to have in order to prove ...

Can you sue your spouse's paramour?

Can you sue your spouse’s paramour for destroying your marriage? Depending on the state you live in, there may be claims you can file against your spouse’s paramour (the person with whom your spouse has cheated). One such claim is “alienation of affection.”.

Can a private investigator be subpoenaed?

Although emails and phone records can be subpoenaed by the court, if you are considering separation and divorce and suspect that your spouse has cheated – ...

Is it hard to focus on the legal side of infidelity?

While you’re going through the wide array of emotions that come with being betrayed by someone you loved, trusted, and thought you would spend the rest of your life with, it can be difficult to focus on the legal side of infidelity.

Is a stepparent a legal guardian?

Typically, a step-parent is not a legal guardian unless the step-parent legally adopts the step-child. If you consult with a Family Law Attorney (the one who did your divorce would probably be the obvious choice), he or she can tell you specifically what can or needs to be done in your state. More. 0 found this answer helpful.

Can my ex-husband be my guardian?

Your ex-husband would not be the legal guardian of a child which you both share. The Judgment for dissolution would contain your custody orders, or any subsequent order, will inform you of what authority your ex can exercise over your child.#N#More

What happens if you name your husband as an agent?

If you name your wife or husband as agent, you save yourself the potential embarrassment of being served with process in front of employees and customers. But if your spouse is served at work or in front of friends, he or she will suffer the same embarrassment, even though the lawsuit has nothing to do with them.

What is an LLC agent?

The LLC is responsible for ensuring that the agent’s address remains accurate. An agent may be served with a document by regular or certified mail or in person. If an agent accepts a document on behalf of the LLC, the agent must promptly pass the document on to the LLC's appropriate person. This is important because there is limited time ...

What is a registered agent in an LLC?

What Is a Registered Agent? When you form an LLC, you establish an entity separate from any of its owners. But because an LLC is not a person, someone has to accept legal “process” such as lawsuits and subpoenas on its behalf. That person is the LLC registered agent, also called a statutory agent.

Do LLCs have to provide their name and address?

Every state requires LLCs to provide the registered agent's name and address in the formation documents they file with the state. In some states, the agent must sign a document agreeing to serve as agent. The LLC is responsible for ensuring that the agent’s address remains accurate.

Can an LLC agent be a stay at home mom?

If, for example, your form your LLC in New York and your wife is a stay at home mom at your residence in Brooklyn, she can act as your agent. But if your home is in suburban New Jersey, she cannot be your agent because she does not have a physical address in New York. Additionally, the agent must typically be available at ...

Can a wife be an agent?

If your wife or husband is usually out on sales calls all day, they can’t act as agent. But if your spouse is mostly in one place during the business day, he or she meets this requirement. An agent can also be a business that provides registered agent services to LLCs and corporations. Registered agent LLC rules vary slightly from state to state.

Can a spouse notify you of a lawsuit?

Finally, many marriages fail. Your spouse may be less likely to notify you promptly of a lawsuit if you are separated or divorced. You may not want your ex to be the first to know your business has been sued. And in the midst of marital strife, you may not remember to change your registered agent.

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