how do i find out if my husband has a attorney in a divorce

by Germaine Labadie 7 min read

You can't until the case is filed; after that point, you'll be able to check via the court. Don't worry about whether he has a lawyer. Get your own, file for divorce, and you'll find out. Call his bluff.

Full Answer

How do I find out if my spouse paid for divorce?

If you have joint accounts with your spouse, you can review those accounts to see if there has been a charge for a filing fee. Unless your spouse filed to defer the filing fee (which is based on financial needs), he/she would have paid the Clerk of the Court a filing fee when the divorce was filed.

How do I find a good divorce lawyer in my area?

Use the ABA, the American Bar Association, to identify a list of lawyers and their specialties who practice in your area. Most counties will have a professional association of lawyers. In addition, often times, this group can tell you which lawyers specialize in divorce.

Why would I want to know if my spouse has filed for divorce?

Real quick, other than pure curiosity, there are some good reasons why you would want to know if your spouse has filed for divorce. Here’s a few examples: You may want to change current plans if you know a divorce is imminent. A divorce is a life-changing event (for better or worse), which is really a process that takes months, or more.

What if my spouse has a divorce lawyer and I don't?

What if My Spouse Has a Divorce Lawyer and I Don't? Divorce is scary enough without your spouse’s lawyer intimidating you in court. Yet, some people choose to represent themselves in a divorce even when a spouse has hired a lawyer. You don’t need to hire an attorney simply because your spouse has one.

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How do you play dirty in a divorce?

Top 10 Dirtiest Divorce TricksServing Papers with the Intent to Embarrass. You're angry with your spouse, and you want to humiliate him or her. ... Taking Everything. ... Canceling Credit Cards. ... Clearing Our Your Bank Accounts. ... Starving Out the Other Spouse. ... Refusing to Cooperate. ... Jeopardizing Employment. ... Meddling in an Affair.More items...•

Can my lawyer talk to my wife?

A spouse who violates a no contact order by calling, texting, emailing, approaching or stalking the victim spouse may face jail time. An attorney can communicate on a spouse's behalf in cases where a protective order is in place. Attorneys can also help you contact a difficult spouse or their attorney.

Can you contact your spouse during a divorce?

You should only communicate with your spouse if the communications are to be positive, important and cordial. Feelings can run a little hot in divorce ”“ it happens, it's normal ”“ but you want to keep a level head. If you act hateful or threatening, that will hurt you in divorce court in matters such as child custody.

Should you talk to your ex during a divorce?

Some divorcing couples try to record their conversations for possible incriminating evidence, but most lawyers recommend against it. Improper recording may create criminal liability or may not be admissible in court. However, it's smart to hang on to any angry voice-mails your wife leaves on your phone!

John Arnold Steakley

You can't until the case is filed; after that point, you'll be able to check via the court.

Eric A. von Hacke

Bullies usually lie, so probably not, and if he has a good one he was warned not to threaten that way anyway. But that isn't the question you should be asking. Why are you listening to him instead of getting your own lawyer to protect you and your children? Your lawyer will quickly know if he does or doesn' t have one.

Glen Edward Ashman

Hire your own lawyer, file for divorce and if your husband has a lawyer they will respond. That's the only sure way.

What happens when you go to court?

When you go to court, your lawyer will generally do most of the talking on your behalf. Unless the judge asks you a direct question, you probably won’t say much at all. However, your ex will be expected to speak for him- or herself.

Can my ex talk to my attorney?

Your ex cannot talk to your attorney for advice. Your lawyer and your ex can pass on information to each other, because your ex has no one to speak on his or her behalf, but that’s the legal extent of their communication with each other.

Is self representation necessary in divorce?

The Downside of Self-Representation During Divorce. While divorce seems like a straightforward process, that’s not always the case. In fact, there usually are back-and-forth documents that often need to be filed with the appropriate clerks within certain timeframes.

Can a friend give anecdotes about divorce?

Well-meaning friends and family might be able to provide personal anecdotes about their own child custody , property division and other divorce experiences, but every case has its own nuances; what works for one person won’t work for another, even if the situation is similar.

What is the best way to get divorced?

Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice. Instead, mediators help couples identify the issues that need to be resolved and create an agreement that comports with the law.

What to do if you can't agree on custody of your child?

If you have children and you can't agree on a custody arrangement with your spouse, you should hire an attorney to help you sort this out. There are many factors that go into a custody decision. An attorney who understands the law can help you be successful in the custody process.

Can a couple have one attorney for divorce?

Under limited circumstances, a couple can use one attorney to resolve their divorce. Specifically, couples who’ve already resolved their asset, debt division, and custody issues may want to hire one attorney to draft up a divorce agreement. But, the spouse who hires or “retains” the lawyer is the lawyer’s client.

Can a divorce lawyer represent you?

But, the spouse who hires or “retains” the lawyer is the lawyer’s client. If you are the unrepresented spouse, be aware that the lawyer preparing the divorce agreement doesn’t represent you and cannot give you legal advice. One attorney may be enough for couples with simple divorces, but make sure you understand your legal rights if you’re ...

Can I share my divorce attorney with my spouse?

Can I Share a Divorce Attorney With My Spouse? Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it. An attorney hired by your spouse can’t serve your interests too.

Can you argue divorce in court?

Mediation is confidential and even if you and your spouse don’t reach an agreement, you can still argue your divorce in court. The major drawback of mediation is that a mediator can’t advise you if you’re making a good decision – only your own attorney can.

Where do you file for divorce in Arizona?

In Arizona, all divorces have to be filed in Superior Court. All Superior Courts are divided up by county. So, if your spouse filed, then most likely he/she filed in the Superior Court in the county where you both live. If you were already physically separated, then you’ll probably want to look at the Superior Court docket in both the county where you live and where your spouse lives (if different). For those that live on the border of two counties, it can be common for the parties to file in the adjacent county, so you might need to search the neighboring county as well. For example, a lot of people who live in south Queen Creek will still file in Maricopa County, even though they technically live in Pinal County.

What happens if you see a charge for the clerk of the Superior Court?

If you see a recent charge that is for the “Clerk of the Superior Court” and/or for the exact amount of the divorce filing fee in the county where you and your spouse live, then it’s very likely that your spouse filed for divorce.

Does my spouse file for divorce?

To wrap it up, you may have noticed that I never definitively say that your spouse has filed for divorce. The reason why is because until you are served with divorce papers, you probably won’t know for sure with 100% certainty.

Is divorce important in Arizona?

Similarly, the date you get served with divorce papers is legally significant (at least in Arizona).

Can you change your plans for divorce?

You may want to change current plans if you know a divorce is imminent. A divorce is a life-changing event (for better or worse), which is really a process that takes months, or more. So, you might not want to follow through with certain plans if a divorce is on the horizon, such as a big family vacation, starting a new business, changing jobs, etc.

Do you have to pay the clerk of court for divorce?

Unless your spouse filed to defer the filing fee (which is based on financial needs), he/she would have paid the Clerk of the Court a filing fee when the divorce was filed. Each county has its own filing fee amount.

What to look for in a divorce lawyer?

Key points to look for when searching for a good divorce lawyer-. 1. Understand your lawyer’s role. The goal of using a lawyer to help in your divorce process is to move the dissolution of your marriage forward in a fair and equitable manner. The main points of discussion when meeting with a lawyer should focus on money, ...

What percentage of a family law practice should be devoted to family law?

If they don’t specialize in family law exclusively, find out what percentage of the practice is devoted to family law; it should be at least 50% of their caseload. Depending on your financial situation, you may want to seek a lawyer who also has expertise in finance and property laws. It is important to get a good “fit”.

How to avoid long battles with ex spouse?

Finding the right lawyer could end up saving you time and money, and help you avoid long, drawn-out battles with your ex-spouse to be. Remember, your divorce will shape the rest of your life, so choose your lawyer wisely. Spending time to do the necessary research from the outset will truly be time well-spent.

Why is it important to meet with several lawyers?

You want to get a sense of different approaches so it is important to meet with several lawyers in order to decide on one who would be the right lawyer for your unique situation. Often times, you can get a sense of what a lawyer is like from your first phone call to their practice.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

Can lawyers advertise on the internet?

Check their online presence. In years past, some states allowed lawyers to advertise in telephone directories. If you still use a directory, you can always check there, but nowadays nearly all lawyers and legal practice s have websites that you can check out.

Is it easy to divorce?

Hopefully, you will have done your research and your divorce can move along and be finalized without major hitches. It is never an easy decision to divorce, but going in with knowledge can help make this transition time less uncertain and a bit easier to get through.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

What are some secrets that a divorce lawyer may not want to share with you?

Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

What is the number to call for divorce investigation?

Call us at 800-474-5350 for further information.

How many people hide money from their spouse?

A recent CNBC report said that a whopping 7.2 million Americans are hiding money from their spouse. In other words, 26% of married people have a secret stash of valuable assets!

Can you split your assets evenly when you get divorced?

Unless you signed a prenuptial agreement that states otherwise, all of your shared assets are supposed to be split evenly when you get divorced . In many cases, people start hiding money because they know it’s only a matter of time before their divorce is officially filed.

Can a divorce lawyer search for assets?

As smart as your divorce lawyer may be, he can’t search for all of the assets that your spouse may be hiding. And, yes, conducting bank and brokerage account searches are completely legal, provided that all applicable laws are followed, including the Gramm-Leach-Bliley-Act.

Do you get a tax refund after divorce?

For example, some spouses will delay commission payments or bonuses at work so that the money doesn’t count as part of their income until after the divorce is final. Some spouses even go so far as to pay extra money to the IRS — meaning that they’ll get a tax refund, but not until the divorce is over.

Do private investigators charge an arm and a leg?

The best investigators don’t charge an arm and a leg for their services. Here at Docusearch, there’s a flat charge to begin a hidden assets search.

Can an attorney look for hidden assets?

Don't make the assumption that your attorney will automatically look for hidden assets. You have to take a proactive role and insist that there be an asset search. When it comes to assessing assets, don't make the mistake of taking your spouse's word for it. Guilt and emotional pain can cause a certain level of denial that may get in the way ...

Can a spouse's boss hide assets?

Your spouse’s boss may help hide assets. A boss may be persuaded to wait to give an earned bonus until after the divorce is final. This can also happen with stock options, retirement benefits or pay raises. These monies would not be considered during the settlement negotiations which means an inequitable distribution of assets.

Can a friend help your spouse hide assets?

It wouldn’t be unusual for a friend to help your spouse hide assets. This can be done by conjuring up a phony debt to the friend with the understanding that the money will be returned once the divorce is final . Also , if there is another man/woman in the picture, assets may have been used to pay for gifts, vacations, rent, and so on.

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