QUESTION
What will happen to our divorce if I have a lawyer and my ex husband don't?
Asked on Nov 24th, 2012 on Divorce - Florida
More details to this question:
I have served my ex husband with divorce papers six months ago, we already settled child custody and child support and how much. He has a lawyer, I don't.
8 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can finish your divorce without an attorney but you have to follow all the rules and complete the correct forms. Check your court's web site. Always better to have an attorney if the other side has one.
Answered on Nov 28th, 2012 at 6:56 AM
Dennis P. Mikko
His lawyer is there to protect his interests, not yours. Without an attorney, you will have to look out for your own interests. If the matter goes to court, you will have to act according to the applicable court rules and rules of evidence. You are at a disadvantage not having a lawyer.
Answered on Nov 28th, 2012 at 6:36 AM
Being unrepresented can place you at a disadvantage. You can consult with an attorney to review your rights and options without retaining that person to represent you if finances are tight.
Answered on Nov 26th, 2012 at 6:05 PM
You have the right to get an attorney if you don't the court with hold you to the same standard as if you do.
Answered on Nov 26th, 2012 at 6:04 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You posting doesn't make sense because you ask what will happen if your husband does not have a lawyer & then you say he has a lawyer. He is not your ex-husband until the divorce is granted by the court. Neither of you needs a lawyer to finish the divorce, but if neither of you has a lawyer it may be more difficult for you to learn how to finish things up.
Answered on Nov 26th, 2012 at 6:03 PM
Suzanne H. Lombardi
I suggest that you get an attorney if he has one. If his income is more than yours you can ask the court to have him pay the attorney fees during the time the case is progressing (called interim fees) and after the case is done.
Answered on Nov 26th, 2012 at 6:03 PM
If he is unrepresented, then he is representing himself and needs to deal with your lawyer on his own behalf.
Answered on Nov 26th, 2012 at 6:01 PM
You question is inconsistent. First you indicate you have a lawyer and your husband does not. In your last sentence you say the opposite. If you have an attorney you should direct your inquiry to that attorney. If you do not, you should contact your husband's counsel and ask if he/she can move the case towards a final judgment of divorce, also known as the dissolution of marriage. Neither party is required to have an attorney to obtain a divorce in Florida. However, it is always a good idea to at least pay for a consultation with an attorney, or have an attorney review any settlement before you sign it. Should you not do so, you may well regret it later when it is too late to change what you sign off on.
Answered on Nov 26th, 2012 at 6:01 PM