QUESTION
Do I have to comply with this request and do I need an attorney?
Asked on Apr 22nd, 2013 on Divorce - California
More details to this question:
My husband left me 4 months ago. Since then he has on occasion given me some money to help pay our credit card bills. A month ago I got a letter in the mail from his lawyer, asking me to provide him with account information so that he can draft a separation agreement.
7 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes you need an attorney.
Answered on Apr 24th, 2013 at 4:35 PM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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You are under no obligation to comply with the request. You do not have to enter into a separation agreement. This is an effort by your husband's attorney to settle the marital issues "out-of-court". If you agree to the settlement agreement, then it can be adopted by the court and incorporated into a final divorce decree.
Answered on Apr 24th, 2013 at 4:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Is it does not appear that any court action has presently been filed, the request from the attorney is just that, a request. Therefore you do not need to comply. If you do not I suspect a legal action will be commenced and once that process starts such requests will have to be complied with.
Answered on Apr 24th, 2013 at 4:35 PM
When the other party is represented you are at a decided disadvantage if you do not also retain representation.
Answered on Apr 24th, 2013 at 4:35 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You will want legal counsel to look out for your side of the case, since he has someone looking out for his side. In order to draft a Separation or Divorce agreement, the attorney will need to know all the assets and all the debts of the marriage, but is there even a legal case filed? Have you been served? Do you want to start your own case if he hasn't? You want to make sure this is done correctly.
Answered on Apr 24th, 2013 at 4:34 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You should at least talk to an attorney and show them the letter.
Answered on Apr 24th, 2013 at 4:33 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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A lawyer is a good idea whenever you are involved in a court matter which can affect your important interestsas in the case of a legal separation. While you might not be required to turn over the information in response to a simple request, if a court case is pending the lawyer can get the information by a formal discovery request, so you may as well provide the information. But be sure to protect your own rights in the accounts.
Answered on Apr 24th, 2013 at 4:33 PM