Do both really need an atty?

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Registered: 02-15-2007
Do both really need an atty?
6
Sat, 03-17-2007 - 6:05pm
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Edited 3/18/2007 1:57 pm ET by bustedbutterfly
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Registered: 02-16-2004
Sat, 03-17-2007 - 9:25pm

If you have no children, you both work, have just a few assets, then yes, you could probably do it without an attorney altogether.

Where it get complicated is when there are kids and one earns a lot more than the other, since child support and spousal support come into play, and often the 'payer' doesn't want to pay as much as they should. Or if there is a family business, and one party needs to buy out the other.

Even if you don't hire an attorney, you should talk to one before you do this, just so you know what the law is regarding your situation. Sometimes you can get a free hour of consultation, or just pay for an hour of time.

Why are you waiting a year to divorce BTW?

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Registered: 02-15-2007
Sun, 03-18-2007 - 12:10am
y


Edited 3/18/2007 1:56 pm ET by bustedbutterfly
iVillage Member
Registered: 11-25-2003
Sun, 03-18-2007 - 11:46am

Yes, you both should have attorney's because there may be numerous legal technicalities that need to be explained.

If you can get away with it, see if stbx will go half/half on a lawyer, just make sure that you hire the lawyer.

"Can it be that easy?" I suppose its possible, but I have never even heard of that happening. (If its that easy to get a divorce, it sounds like you and STBX are pretty compatible people, so why are you getting divorced?)

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Registered: 02-15-2007
Sun, 03-18-2007 - 1:03pm
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Edited 3/18/2007 1:55 pm ET by bustedbutterfly
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Registered: 03-18-2007
Sun, 03-18-2007 - 1:59pm

What a great question!! I have been wondering the same thing. STBX and I found a place locally that fills out the paper work for you and files on your behalf. The thing is - they are not lawyers. The two parties have to agree to everything and fill out a form- they take care of the rest. We have been able to agree to everything so far. I think he's just as ready as I am to be DONE. Some things I have lingering questions about is- pension- What happens if he dies before me? After 19 years of marriage do I get his pension or will it go to his next wife (he is not currently seeing anyone, but he would totally marry the first girl that told him thats what she wanted) And then the house- I know I will retain ownership (plus continue making 100% of the housepayment on my own), but can he be sued and they attempt to go after the house until I get it all in my name? I am pretty sure that answer is yes- even if he signs off on a quit claim.

I think the amicable (sp?) divorce is possible. Especially if both partied are motivated.

My STBX is not a bad guy- he's just not MY guy. :-)

iVillage Member
Registered: 11-25-2003
Mon, 03-19-2007 - 6:55am

Pension or 401K -- it depends on how your agreement is written. If its a 401K, I suspect that you are entitled to 50% of the pension value on the day you divorce. There are specific federa forms that needs to be filed (QDRO? something like this) that establishes your portion of pension in your name (thus eliminating the issue of probate). However, I don't know what the rules are regarding when you can access the pension.

If its truely a pension you may not have any rights at all as the employer retains all value until STBX retures. Very few companies do pensions anymore.

Even with the quit claim deed your STBX can be sued. He would eventually win because the paper wirk is filed.