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How To Divorce Your Divorce Attorney

Posted to Legal Experts by Laurie Puhn on Mon, 07/07/2008 - 9:14am

Have you tried to reach your attorney and he or she won’t come to the phone? Are you not sure you attorney is representing your best interests? Sometimes the only course is to divorce your divorce attorney.

Here are five reasons to do it:

Personality Clash. Maybe your attorney’s brutal aggression and blunt attitude was exciting when you met, but now that the whip’s been turned on you, it doesn’t feel so good. Plus, your attorney is making your husband’s attorney angry, turning the judge against you, and making the whole case run on and on. You just don’t like your attorney and don’t want to work another day with him or her.

Mishandling the Case. You’ve gotten a second and third opinion on your case and have discovered new strategies and cost-saving ideas that your current attorney ignores. You don’t want to waste another minute or dime hitting dead ends.

The Never-ending Case. The divorce negotiations were moving along fine, but now, things are stuck. You can’t get a straight answer from your attorney about what’s holding things up, and that’s if you can get a call through. You think your case has been pushed to the side and, at this point, you’d rather find a new attorney, go to a mediator, or handle the case yourself, pro se, rather than pay this attorney for nothing.

Too Much Money. Your attorney gave you an original estimate that now seems like a walk in the park. Costs have doubled (while the case is going as predicted) and your wallet is being drained. When you ask for an explanation of charges, the answer doesn’t make sense.

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Here are my answers to questions posted by firstwivesworld.com bloggers:

From Megan Thomas: Is there such a thing as an actual "legal separation" where you file legal documents and a petition and such, or are people considered legally separated when they live apart?

Megan: Living apart is different from being legally separated. Although both situations may feel the same, i.e. you and your husband live in different places, the meaning and implications of each choice is different. When you have a signed legal separation agreement that resolves all financial, child and spousal issues associated with the marriage, you have greater legal protection. In addition, you can use your legal agreement to outline rights you want to retain, such as retaining your ownership in the original home, despite moving out. You and your spouse remain married when you are legally separated, but should you choose to get a divorce, all of the details have already been worked out. Note that states handle the legal separation differently. For instance, in New York, if you have a legal separation for 1 year, then you can file for a no-fault divorce. If you go straight into a divorce without having been legally separated, then you must have a fault divorce. Check on your state's laws regarding the meaning of a legal separation.

From Julie Savard: I left my husband a few months back, but I'm running out of money. He's not paying child support for the kids, and I don't know what to do. Who can help me get the money he owes me?

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(If you have decided to get a divorce, we've assembled a simple, 7-step overview on how to prepare for your divorce. Start here with Divorce Prep: Steps One and Two)

Think hiring an attorney is the only way to get divorced? Think again. There are 5 ways to get divorced, from economical to most expensive. Which one is right for you?

Do-It-Yourself Divorce: You and your spouse have resolved all financial, tax and parenting issues. You have the time to read through lengthy instructions, draft the paperwork and file papers in court. Most states or bar associations sell handbooks (often called a "Friendly Divorce Handbook") on how to manage your own divorce and fill out the paperwork. You can also search on-line for your state's website on uncontested divorces for a brief version of the information.

Cost: $200 - $500 for filing fees.

Speed: Takes a couple weeks to do the paperwork and obtain notarized signatures, but you'll still have to wait for a final divorce order from the court, which could take 2 weeks to 6 months, depending on the court.

On-line Do-It-Yourself Divorce: This is similar to the Do-It-Yourself Divorce, except that you don't have to obtain the blank court documents. Instead, the on-line software program asks you questions, you type in your answers and the program will fill out the paperwork for you. Then you print out the final documents, get them notarized and file them in court. (Click the following for The Online Options For Getting A Divorce.)

Cost: $400-$1000 (includes the on-line program and filing fees).

Speed: Slightly faster than the typical Do-It-Yourself Divorce because the on-line program simplifies the paperwork.

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