Question regarding Separation Agreements

iVillage Member
Registered: 04-02-2003
Question regarding Separation Agreements
2
Fri, 07-28-2006 - 9:17am

I'm new here. My name is Sue, I'm 33 yrs old and I have a 4yr old, Allison. My husband and I have recently decided to separate after a lot of unhappiness and then me finding out that he had a girlfriend. Let me also add that my husband is disabled, confined to a wheelchair, but he is a teacher and makes a living. We been extremely amicable about the whole process. Everything is agreed upon, I'm working on finding a new job and relocating out of state, which he is fine with. I work for a criminal prosecutor, who had referred me to a friend of hers, who is a very high-powered, high-priced divorce attorney. I probably should have thought that through before going to her, but at the time I just wanted advice.

On Wednesday I went for my second appointment to the attorney and we worked out a separation agreement, which is a very simple agreement in our case. The only issue, that has been brought up only by the attorney, is the fact that my salary is slightly higher then his, and he could get a small amount of alimony. I am 99% sure he won't ask for it. He thought the idea of it was crazy. Because of our salaries and his disabilities, I will get social security for Allie and he will keep her on his insurance, but I will not ask for additional support.

Long story short, she wants to charge me $1000 to draw up the agreement, then an additional $900 for the actual divorce. To me this is extremely high in an uncontested situation. I called yesterday and told her I changed my mind and either was going to have it done elsewhere, or would do something myself that we would both sign and have notarized. She called me back, said she's concerned that he'll want alimony a year from now, and also asked for my permission to talk to my boss about me!!! WTF?????? I would not give her permission and told her I'd think more about the other and call back.

I've done nothing but think about it since yesterday and still think it's unnecessary to have it done through her, when it won't even be filed in court. But since I don't have a crystal ball and cannot tell what will happen, only what I feel in my gut, I'm sick about this whole thing. I want to make the best choices for Allie and I, and I truly believe John does too.

Does anyone have any suggestions for me? Is a homemade agreement enough in this type of case, with no custody issues, etc? I just don't know what the right thing to do is...

Thanks in advice for any advice...

Sue

iVillage Member
Registered: 07-08-2004
Sat, 07-29-2006 - 11:25am
Hi, Sue. Those fees do seem a bit excessive. Since you and your STBX seem to agree on most of the terms of the divorce and there is such little conflict, have you thought about going to a mediator to draw up the final agreement? They are much less costly. In addition, you can always pay an attorney to just review the separation agreement and see if it is reasonable.




iVillage Member
Registered: 03-19-2003
Sun, 07-30-2006 - 5:42pm
My uncontested divorce was $1500 to the attorney plus court costs and filing fees, which were about $300.... and that was in 2000.

Karen ~ wildlucky4me ~