Welcome! | Ask A Question

 
 
 
 
Question

Asked 3/22/2010

Separation

Is it feasible to use a mutual lawyer if my wife and i have agreed to all terms on our own; i.e. divsion of property, child custody, debt and money (401k and stocks). We are still very close friends and just want to make the process amicable and peaceful.

 
 
 
 
 
Answers

Answer 1/3 - Submitted 3/22/2010

A lawyer may NOT represent parties for which a conflict of interest exists without a formal acknowledgement of the potential for a conflict, despite everyone's warms and fuzzies; an advisement to seek independent counsel; and that, in the event of a material conflict, the attorney will have to disassociate representation from BOTH parties. This is known as a Conflict of Dual Representation Agreement .

While I would strongly advise against it, it is available to you.

I hope this informs the decision you will have to fully consider. Thank you for using WebAnswers as your source.

 
 

Answer 2/3 - Submitted 3/22/2010

P'bred is exactly right, you will end up getting your laywer in trouble, but there is no reason he can't represent one of you, and the other go along with what you have decided. It is only adversarial if you make it that way

 
 

Answer 3/3 - Submitted 3/22/2010

Certainly not ,no way if your wife is putting you up to this don't buy it. I have been thru this, trust me get your own divorce attorney, you will be much happier.

 
 
 
 
Answer This Question Now

Type your Answer in the box below and post your answer.

Learn more about how this works

 
 
 

Related Questions (Ask a New Question)

 
Will my separation agreement validate my claims to his 401k when we actually divorce?

If i draft a separation agreement which states that when the divorce is finalized (say in 2 years) that i will file a qrdo seeking 50k from my husbands 401k plan,(it cant be filed until actual divorce proceedeings begin) can he simpy take withdrawls and/ or loans in the meantime possibly not leaving...

See Answers

 
My wife and i have been separated for 2 years, and we finally have decided to go for a divorce. i was making 42k,then a year...

My wife and i have been separated for 2 years, and we finally have decided to go for a divorce. i was making 42k,then a year later of my separation my company shut down and i was laid off. i have been laid off for about 15 months, for which i have been receiving unemployment benefits. i have been paying...

See Answers

 
401k transferred to another provider after separation from employment

I was separated from my employer 30 days ago. i know i do have 60 days to roll over or withdraw my money. however i just recently received a letter from my previous employer stating they have changed providers and now my account is in black out status. i need to know if my dollar amount will be...

See Answers

 
Related Questions

Will my separation agreement validate my claims to his 401k when we actually divorce?


If i draft a separation agreement which states that when the divorce is finalized (say in...

 

My wife and i have been separated for 2 years, and we finally have decided to go for a divorce. i was making 42k,then a year...


My wife and i have been separated for 2 years, and we finally have decided to go for a divorce....

 

401k transferred to another provider after separation from employment


I was separated from my employer 30 days ago. i know i do have 60 days to roll over or withdraw...

 

Husband just left after 9 years


My husband has left me and our two sons after 9yrs. i have some proof that it is because...

 

Divorce and splitting 401k


There is a court order for my ex to split the two 401k's which was supposed to be done...

 

Can a 401k plan be managed with 4 employees contributing to 1 account?


4 employees all contribute to a companny 401k plan. the plan is managed by an outside party....

 
 

See more 401k questions

 
 
 
 
 

Ask A Question

Ask a new question about
401k: