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Married 25 years left him I have 5 children ages 18 and up 2 grandchildren 5yrs and 1 month. he wants to do a quick divorce.

Chicago Heights, IL |
Filed under: Divorce

he wants a divorce through his lawyers at work and wants me to sign off on are pentions he works for a good company. I make a quater of what he makes working in a school I filed head of house hold this year so i could get finanical aide so my 18 yr old could go to college he wants me to take parental custody of her and pay for her schooling because i got the financial aide. he makes 100 thousand a year I make 30 thousand a year. I don't know if i should just use his lawyer or get my own he says I don't need one and i can use his so i won't have to pay for one since we own nothing.

Attorney Answers 5

Posted

You need to hire your own lawyer. You can't afford to not have a lawyer. His lawyer cannot ethically represent both of you. You have a long marriage and issues of maintenance (alimony), asset and debt division I am sure exist. The court can award you interim attorney fees if you can prove you do not have an ability to pay your fees and he has the ability. Normally, if one of you can afford to hire an attorney, then both of you can.

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Posted

If I represent a client, and the other side doesn't have a lawyer, I make it very very clear in my letters who I'm supposed to go to bat for - and it's not you. Talk to a family law attorney to go over all your options before signing something you may latter regret.

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Posted

Attorneys Markey and Gotzh are right. You have a lot to lose and it would be a mistake to just use his lawyer. With a combined income of $130,000/year, if you own no assets then you most likely have significant debts and obligations. In a few years you will regret it if you do not fight for a fair division of those debts and obligations (including your child's college tuition).

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Posted

Get your own lawyer. Get your own lawyer. Get your own lawyer.
You are a major alimony candidate, not to mention what you may be entitled to from his retirement plans.

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1 comment

Michael John Gauthier

Michael John Gauthier

Posted

Two things: First I'd also point out that the law allows for your husband to pay a portion (if not all) of your attorney's fees if he earns significantly more than you. I'll guess that there are many lawyers near you who would take on your case with the expectation that they would immediately file a petition seeking your husband to pay your new attorney's fees. Secondly, you are not correct when you say you own nothing. It appears as if there's at least a pension which is likely a marital asset, along with whatever other property and accounts you've accumulated throughout the 25 year marriage. See a lawyer immediately to ensure you get your fair share.

Posted

There are things that you will regret not having your own attorney, and you will most likely not be able to "fix" things once you realize your mistakes.

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