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Can You Help Me Understand the Divorce Process?

I met with a lawyer but he is so disorganized and delays so much in getting back to me that I am left with some procedural questions. My ex has a lawyer too who can do the divorce paperwork, property settlement agreement, contested divorce waiver and court fees for $950 (I live in an expensive city).

Should his lawyer do all the paperwork and I just get my lawyer to review it before I sign? Should we just split the $950?

We already separated everything ourselves and have lived separately already for the required six months (so Jan 1st we can file). We do not have property or kids. We would have opted for a mediator versus lawyers but no mediators got back to us in the months we have been looking (frustrating).

The separation agreement will apply retroactively. It's a pretty easy case since we are not fighting/demanding anything - just the divorce. I just don't know if I need my lawyer to do anything? Or what should I expect moving forward?

Thanks ladies. 

 

 

Re: Can You Help Me Understand the Divorce Process?

  • Did your lawyer help draft the separation agreement?  What does the PSA include that the separation agreement didn't?  As long as there are no extra issues to be dealt with, if you already had a separation agreement that will merge into the PSA, then it might be worth it just to use your X's lawyer.

    BUT I would never get divorced without a lawyer--I know a lot of women on here have, but I had a DB of an XH who tried to screw me at every corner. 

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  • We never had a separation agreement when we separated 6 months ago so the property settlement agreement will become that (it will be applied retroactively is my understanding). My Ex and I only verbally agreed on how to separate everything when we separated so 6 months ago we sold the house and split everything we had (finances, etc.) 50/50. Currently, we have nothing shared except for a car loan, which I am being removed from today.

    I guess I am not sure what I should have my lawyer do or what I should expect of him? 

     

  • I'd have his lawyer draw up the PSA then send it to your lawyer to review.  If you have nothing in writing yet, don't just agree to sign whatever they give to you. 

    Part of what you're signing will say that you had the chance to have it reviewed by your attorney or waived that right--if you later realize that you got screwed, you can't do anything about it.  I'd have his atty draw up the PSA, have your atty look at it and then go from there. 

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  • Ok this is what I was figuring for the separation agreement and divorce agreement. I would have a lawyer review and then sign.

    So do we split the costs of the paperwork? Is that what people usually do?

  • I've never been through it before, but if things are as amicable as you've described, then you can pay half if you want. I think usually whatever spouse is filing pays the costs, but the people I have known who are divorced were HAPPY to pay the costs themselves because they were filing against the other spouse and it was one less thing to fight over. KWIM?
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  • imagejade23:

    Ok this is what I was figuring for the separation agreement and divorce agreement. I would have a lawyer review and then sign.

    So do we split the costs of the paperwork? Is that what people usually do?

    Sounds like you have an amicable relationship with your STBXH. I would have his atty draw up papers, then take them to your atty for review. DO NOT sign anything until it has been reviewed by your atty.

    When I was going through my D, we used a mediator and XH picked up all fees. Is this an option for you? If not, I would split the cost by percentage, meaning your salary vs his.

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