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Why does he hire a lawyer for simple divorce? Mutually agreed, no actual marital assets, no kids & separated since 2011.

Marietta, GA |

5 yr "marriage". No kids, no property or vehicles bought, all ind. belongings have been agreeably divided already. No IRA's, Bonds, 401k's, or alimony issues. Agreed (& signed) previously to simple, no-contest quick divorce w/out need for lawyer rep. After I chased him away for non-payment of rental costs owed to me, he suddenly "lawyered up" and served me with the pet. and summons. He says he wants nothing from me &that "marital prop" was just norm lingo. He wants to "settle out" of court. I don't know for what though, there's no actual marital assets! I'm afraid he is after my personal injury settlement I received after marriage. Also wants me to pay his lawyer/court fee's although I we had agreed 1 wasn't wanted or needed. Trying to avoid his financial dues. Should I lawyer-up too?

I'd like to present his petition/summons and My rough response (to be properly edited) to an attorney and for an attorney to offer her/his opinion on what is "customary diction" in a divorce petition, what is not. Largely, how to properly express my disagreement with certain paragraphs. Does it sound like he's trying to avoid his debts to me and/or go after the bit I saved from injury?

Attorney Answers 3

Posted

I think you should hire a lawyer, even if it is to hire someone to merely review the agreement before you sign it. You may not need a lot of legal advice, but if you sign a document without having a lawyer assist you, you may be signing something that is not in your favor. Additionally, if he has a lawyer, you would benefit from having someone advocating for you and making sure the process goes smoothly. He also be less likely to try to push you around as much if you have a lawyer as it seems he is trying to do by asking you to pay his lawyer fees.

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Posted

If he has an attorney, you definitely need to be represented as well. You would be at a significant disadvantage if you attempt to represent yourself against an attorney who understands the in' sand out's of the legal system.

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Posted

First of all, everyone really needs a lawyer even for that supposedly "simple" divorce. But now you are in a contested divorce versus a lawyer. You NEED counsel. I can almost promise you that it would be a very expensive mistake to respond without counsel.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer unless you sign a retainer agreement). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. State bar rules require that I disclose my name/contact information in any communication (Glen Ashman)

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