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I've just been served with divorce papers from my husband and I don't know what to do. He earned, has a pension and retirement benefits, we bought a home together. Is this something I can go through myself using online divorce papers, or maybe I can go to the family law facilitator's office for help? Or would I be better off finding a lawyer? I'm scared that he'll get everything. I don't even know how I would go about finding one.
17 ANSWERS
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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You have identified divorce-related issues that are too complex for most non-lawyers to handle. Contact an experienced divorce lawyer in your area. There are numerous attorney directories on the internet that can assist your search. Note that you have a limited amount of time to file a formal Answer to the divorce Petition, so do not delay.
Answered on Apr 23rd, 2015 at 1:05 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you have significant assets involved, then you have a significant amount of money to potentially lose if you do not handle the case properly yourself. Therefore, you need to consult with and retain an attorney to assist you. If you are not fully versed on the laws and rules of procedure in your area, you can potentially lose valuable rights and assets to which you are entitled, without even knowing it. Call an attorney. Many offer free telephone consultations.
Answered on Apr 22nd, 2015 at 8:55 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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The issues you describe are of sufficient significance that a lawyer would be beneficial.
Answered on Apr 22nd, 2015 at 8:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Ask you r divorces friends and neighbors about their lawyers, you need one.
Answered on Apr 22nd, 2015 at 8:50 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There is no law keeping you from representing yourself. But in an important matter like this, with which you have no experience, going ahead with out a lawyer is likely to be an expensive mistake.
Answered on Apr 22nd, 2015 at 8:46 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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It is always a good idea to consult with an attorney when served with divorce papers to make sure your interests and claims are protected. This should occur as soon as possible to make sure you do not miss deadlines or court dates.
Answered on Apr 22nd, 2015 at 6:11 PM
Bruce Provda
My response to this question is that if he has an attorney you should have your own attorney. It sounds like there significant assets and the equitable distribution could become contentious. Many websites have "find a lawyer" sections and you should call some in your local area.
Answered on Apr 22nd, 2015 at 2:42 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It would obviously be best if you got an attorney. You can call the local bar association for referrals. The facilitators can only help you with procedural issues and then only in a very limited way. There is no basis for one party to get everything unless you agree to it. If this is a WA divorce, his pension, other retirement benefits etc are all community property if they were earned during the marriage. Other states have different versions of that, but all states divide assets acquired during the marriage. I suggest you consult with an attorney to understand the law in your state and what you can reasonably ask for.
Answered on Apr 22nd, 2015 at 2:18 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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I NEVER recommend trying to handle this alone. There is too much psychological stress involved, you need to speak with an attorney immediately; remember there is a time requirement for filing your answer and counter-petition. You may contact your County Legal Aid Office, contact information is usually available from the Clerk of Court office.
Answered on Apr 22nd, 2015 at 9:20 AM
Given what you have said, I would absolutely recommend that you retain an attorney that specializes in Family Law. There are many items to be aware of that will come into play during the divorce process. Don't be penny wise and dollar foolish. Get an attorney. Good luck.
Answered on Apr 22nd, 2015 at 9:18 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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With all your marital assets to be divided, you should definitely have an attorney represent you. Without one, you could lose a lot which is rightfully yours. SI can help you.
Answered on Apr 22nd, 2015 at 9:17 AM
4 Awards
Because of the assets you described (real property and retirement), you need a lawyer. The documents needed to finalize the property division are not available on the pro se web sites (such as Qualified Domestic Relations Orders to divide retirement). It is really worth seeing a lawyer for at least a consultation to determine your strategy. Some lawyers offer limited representation if you are concerned about costs.
Answered on Apr 22nd, 2015 at 6:02 AM
Divorce Attorney serving New Orleans, LA
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Zitzmann Law, LLC
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Not at all. It appears that you have a significant amount of community property, and handling that is complicated. You will certainly want to hire an attorney for this situation.
Answered on Apr 22nd, 2015 at 6:02 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You can but I wouldn't advise it. You could miss many things if you don't have some one who knows the law and your rights.
Answered on Apr 21st, 2015 at 7:54 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Get some free consultations with lawyers practicing in the county of your court case. Look online, look in yellow pages, look in answers to questions on this site. Choose the one you feel most comfortable with. You are allowed to use a joint bank or investment account to pay your lawyer with a solid Retainer, so that you won't have to worry about payments for a while. You said you are afraid he will end up with everything and that you don't know the laws, fix that by hiring a good attorney to make sure you are protected and get everything you are entitled to, just like his lawyer is undoubtedly doing for him.
Answered on Apr 21st, 2015 at 7:53 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Dr. Kevorkian has reincarnated as a lawyer and will be glad to assist you. But, you would definitely be better off finding a lawyer esp. one who is collaborative in approach.
Answered on Apr 21st, 2015 at 7:47 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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First if you do not know what to do you should hire an attorney. If you cannot find a referral you can use a lawyer referral service such as LawQA to find one. What you get out of the marriage are a split of marital assets.. which includes the equity in the house, and his pension etc. ... to the extent it was earned during the marriage. So with a short term marriage you might get little.. a long term marriage you might get much more up to 1/2.
Answered on Apr 21st, 2015 at 7:46 PM