QUESTION
Am I legally obligated to tell my ex that I am seeking legal action?
Asked on Nov 04th, 2011 on Child Custody - Illinois
More details to this question:
Am I legally obligated to tell my ex that I have sought legal advice or currently have a lawyer if asked?
17 ANSWERS
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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No.
Answered on Jun 02nd, 2013 at 10:14 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No.
Answered on Jun 02nd, 2013 at 10:13 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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No.
Answered on Jun 02nd, 2013 at 10:13 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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No, you are not legally required to do so, but you and your attorney need to determine a strategy regarding the timing and manner of informing your ex if you decide to proceed.
Answered on Nov 07th, 2011 at 11:48 PM
No. You're not required to tell your ex in advance that you are seeking or considering legal action. However, he will have to be served a copy of the materials once the case is filed.
Answered on Nov 07th, 2011 at 1:57 PM
There is no legal obligation, but there is an issue of honesty and integrity if the question is asked.
Answered on Nov 07th, 2011 at 9:45 AM
James Albert Bordonaro
No. But why wouldn't you want to? If you have a lawyer it's easier to deflect criticism onto the attorney. That's part of what you're paying for.
Answered on Nov 07th, 2011 at 9:37 AM
You don't need to tell your ex that you've seen a lawyer until you file for divorce. Then it will be a matter of public record.
Answered on Nov 05th, 2011 at 1:13 AM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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Absolutely not, especially if you are concerned your spouse will take adverse actions against you, like hiding assets, emptying out bank accounts, transferring property all of which will be prohibited after the filing and before the divorce is finalized.
Answered on Nov 04th, 2011 at 6:47 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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No. You aren't legally obligated to tell your ex anything unless you have children.
Answered on Nov 04th, 2011 at 6:02 PM
Glen Edward Ashman
Generally no but the way you asked implies that you hid facts from us that could change that answer.
Answered on Nov 04th, 2011 at 5:14 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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No, but to proceed with your "legal action" against him, he'll have to eventually find out because you're required to serve him with all your court documents.
Answered on Nov 04th, 2011 at 4:31 PM
You are not required to tell the other party in advance that you have sought legal advice or that you have hired counsel.
Answered on Nov 04th, 2011 at 4:30 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No you are not obligated to tell him anything. Of course, he'll find out when he is served with papers.
Answered on Nov 04th, 2011 at 4:20 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally you have no legal obligation to disclose to him or anyone else that you have consulted or hired an attorney about anything. However, depending on what you have hired an attorney to do, it may impossible for that lawyer to do anything for you with disclosing his existence.
Answered on Nov 04th, 2011 at 4:10 PM
You do not have to inform your ex that you are seeking legal advice, but that said, neither should you lie to them if asked. It is completely your right to see legal advice about a divorce, but your ex may become suspicious if you tell them you do not wish to answer, as it a non-answer will probably make them suspect that the answer is "yes". They will probably think that if you were not seeking legal advice, you would have no reason to hide whether you were in fact seeking legal advice.
Answered on Nov 04th, 2011 at 4:10 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
No you are not. Once you have obtained an attorney and filed the paperwork then you must put him on notice.
Answered on Nov 04th, 2011 at 3:25 PM