my cell sounds weird when i talk to my divorce attorney

by Neha Swaniawski 6 min read

What are some secrets your divorce lawyer won't tell you?

Jun 07, 2017 · So be careful during a divorce! Stop and think about your cell phone for a moment. The data, pictures, apps full of communication history. It contains a vast wealth of knowledge about you. Information about what you’ve purchased, pictures of people you were with, and places you’ve been. Even records of your lists, thought, notes, and ...

Can a divorce lawyer talk about my case in public?

Sep 08, 2020 · 8 Signs it Might be Time to Talk to a Divorce Attorney . Marriages are complicated relationships with ups and downs. According to the American Psychological Association, in the U.S., about 40 to 50 percent of married couples end up divorced.This makes the decision to divorce a hard one. In today’s post, we outline some of the most common warning signs that …

When should I contact my divorce lawyer about my case status?

May 08, 2019 · KNOW that it is okay if you are emotional. People often feel grief, anger, betrayal, despair, sadness – working through those emotions is an important part of your journey as you move through this period of transition. Your divorce lawyer should feel comfortable with your emotions. However, lawyers are not therapists, which is why it can be ...

Why doesn't my attorney want to talk to me?

Jan 04, 2019 · 12. That the divorce process should never be used for vengeance. One of the secrets that your divorce lawyer might not want you to know is that divorce proceedings are not used punitively. Sometimes, parties want to stick it to their soon to be ex-spouse as recompense for something they did.

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What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your Lawyer
  • I forgot I had an appointment. ...
  • I didn't bring the documents related to my case. ...
  • I have already done some of the work for you. ...
  • My case will be easy money for you. ...
  • I have already spoken with 5 other lawyers. ...
  • Other lawyers don't have my best interests at heart.
Mar 17, 2021

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How do I know if my lawyer is cheating me?

Dennis Beaver
  • The attorney does not return phone calls in a reasonable amount of time, and;
  • In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.
Nov 28, 2015

What should a woman ask for in a divorce settlement?

5 more things to ask for in a divorce settlement agreement

Co-parenting plan. Relationship building. Documentation. Money.
Aug 16, 2019

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.May 8, 2020

How do you deal with rude lawyers?

8 Tips for Dealing with Difficult Opposing Counsel
  1. Point out Common Ground. ...
  2. Don't be Afraid to Ask Why. ...
  3. Separate the Person from the Problem. ...
  4. Focus on your Interests. ...
  5. Don't Fall for your Assumptions. ...
  6. Take a Calculated Approach. ...
  7. Control the Conversation by Reframing. ...
  8. Pick up the Phone.

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.Nov 2, 2020

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

Do lawyers cheat their clients?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

What is the usual split in a divorce?

The Court will normally consider a 50/50 split of the matrimonial assets when dealing with a long marriage following the 'yardstick of equality'. With short marriages, capital contributions become more relevant in deciding how assets are divided in a divorce. Age is also an important consideration.Nov 25, 2020

What are the four main issues in divorce?

Four Primary Issues in Divorce
  • Property Division. Almost every marital estate includes assets and debts. ...
  • Spousal Maintenance. ...
  • Custody and Parenting Time. ...
  • Child Support.
Jan 24, 2013

Is spouse entitled to 401K in divorce?

California is a community property state. This means that assets obtained during the marriage are divided in half upon divorce, including retirement savings and pension plans. In the case of a 401K or another type of plan, a spouse is entitled to 50% of the plan's acquired value during the course of the marriage.Feb 23, 2022

What is the courage to talk to a divorce lawyer?

It takes a lot of courage to acknowledge that your marriage is in a difficult place, that you are ready for a change, and that gathering information about the legal implications of a divorce is something you are doing to protect yourself. ...

Why is confidentiality important in divorce?

The confidentiality shared in the attorney-client relationship is important to your attorney’s ability to be your best advocate, and counselor in the divorce process. This is a “no judgment” zone. If you don’t feel comfortable sharing this kind of information with your divorce attorney, you may want to consider that this may not be ...

Is it okay to be emotional in marriage counseling?

You can learn more about Discernment Counseling at The Marriage Place. KNOW that it is okay if you are emotional. People often feel grief, anger, betrayal, despair, sadness – working through those emotions is an important part of your journey as you move through this period of transition.

Can a divorce lawyer be a therapist?

KNOW that talking to a divorce attorney is confidential. People often feel embarrassed by their situation.

Is a divorce lawyer meeting confidential?

As stated above, the fact that you are meeting with a divorce lawyer at all is confidential. If you are concerned that your spouse is tracking your whereabouts, or paying attention to your expenditures, make sure you mention that to the person responsible for scheduling your appointment.

Is Rachel Hollis a perfect marriage?

Rachel Hollis and The Myth of the Perfect Marriage. The “perfect marriage” isn’t perfect and there is no perfect spouse. Be leery of anyone portraying a perfect marriage. The very best marriages are still made up of two flawed people just trying to figure it all out.

Is it good to meet with a divorce lawyer?

Meeting with a family lawyer is a good way to explore your options, so you are making an informed decision about whether you want to stay in the marriage or are ready to leave. As stated above, the fact that you are meeting with a divorce lawyer at all is confidential. If you are concerned that your spouse is tracking your whereabouts, ...

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.

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.

Do divorce lawyers charge by the hour?

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.

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.

Is divorce law firm bigger than solo practice?

In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.

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 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 should a divorce lawyer not tell you?

Here are seven secrets your divorce lawyer won't tell you (but should). 1. You Might Not Get Your Day in Court... A divorce is a lawsuit, and we usually think of lawsuits as ending in a trial. However, many, if not most lawsuits end in a settlement. This is especially true of divorce, where upwards of 90% of cases settle—and some reports place ...

Is divorce expensive?

Even if you do everything possible to keep your legal bill down, there are no two ways around it: divorce is expensive. Your attorney probably won't be able to tell you exactly how expensive, because that will depend on how your case unfolds.

Do aggressive divorce attorneys go to trial?

Remember the first secret above: most divorce cases don't go to trial. An aggressive attorney can actually get in the way of a productive settlement, extending the case and billing more hours by stirring up hostility and "churning" the file.

Do divorce cases go to trial?

Remember the first secret above: most divorce cases don't go to trial. An aggressive attorney can actually get in the way of a productive settlement, extending the case and billing more hours by stirring up hostility and "churning" the file.

Can attorney fees be expensive?

Yes, attorney fees can be costly, and add up quickly. But your attorney may not tell you what you can do to keep them down unless you ask. You should ask, because there are some simple things you can do to reduce your attorney's workload, and more importantly, save yourself some money.

How to reduce attorney workload?

You should ask, because there are some simple things you can do to reduce your attorney's workload, and more importantly, save yourself some money. One thing you can do is gather financial documents your attorney will need in your case.

What do you need to do if you are divorced in California?

One thing you can do is gather financial documents your attorney will need in your case. In almost every California divorce, property division is an issue, and if you have children, child support will be an issue, as well as possibly spousal support.

Is divorce stressful?

Going through a divorce is a stressful time. It's stressful for both you as the person getting divorced and for the attorney who is representing you. There's a saying within legal circles that "criminal law deals with bad people at their best and family law deals with good people at their worst.".

Why do divorce attorneys work hard?

Divorce attorneys work hard to achieve favorable and fair results for their clients. Good clients appreciate the effort, even if things don't always work out the way they hoped. Many clients are never happy, win or lose, and are not afraid to let their attorney know it.

Do divorce attorneys get paid?

Attorneys are not free. They get paid for provide you with their time, knowledge and services. Now, it's often the case in a divorce that money is tight and most attorneys are sensitive to this, but they have to pay their bills too and can't work for free. You can't expect them to work for free.

What happens when you retain a lawyer?

When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential.

What happens if you get your attorney bill at the end of the month?

Most attorneys charge on an hourly basis, which is stated in your retainer agreement. Clients pay for an attorney's time.

Do attorneys charge hourly?

Most attorneys charge on an hourly basis, which is stated in your retainer agreement. Clients pay for an attorney's time. Your attorney is not your therapist, although I play one on t.v. I always tell clients I will talk to you as long as you want, but don't be surprised when you get the bill.

Is it important to have a therapist?

It's very important, but that's more the job of a therapist. If you're going to spend money, might as well do so to a qualified professional counselor. Your attorney will contact you when he/she needs something from you. There are periods in every case where nothing is going on and there is down time.

Can an attorney file documents on time?

There is simply no excuse for an attorney who can’t file documents on time or one who misses important hearings in your case. Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice.

What happens if your attorney forgets your 4th child?

Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case . Your attorney should remember the basics about your divorce.

Can my attorney tell me what's happening in my divorce?

Your attorney should know your case status at any given time . It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask.

What happens if your lawyer doesn't understand your law?

If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.

What happens if you miss a court date?

Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice. 2. Perpetually Late. It’s a bad sign if your attorney is always running late, especially if it’s to an important meeting or a court hearing.

Can my lawyer forget my 4th child's name?

Your lawyer isn’t your doctor, and you shouldn’t have to wait hours past your appointment. 3. Your Lawyer Doesn’ t Remember Case Details. Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case.

Does my lawyer remember my case?

Your Lawyer Doesn’t Remember Case Details. Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case. Your attorney should remember the basics about your divorce. 4.

What is a good attorney for divorce?

An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters. In more contentious divorces, an attorney can make sure that your interests are represented in court.

Do family and friends have good intentions when divorced?

Your family and friends may have good intentions, but their divorce experience is based on the facts and circumstances that are unique to them and may not apply in your situation.

Is it normal to want to tell someone about divorce?

Emotions are running high, it’s perfectly normal to want to let others know what’s going on in your life. You may desperately want support, you may not want to suffer in silence, or you may just want to punish your partner and embarrass them. This doesn’t mean that you have to keep your a divorce secret from everyone, you just need to decide who you tell and why.

Can you use your kids to manipulate your spouse?

This should go without saying, but unfortunately, it still happens, even unintentionally. Check your own behavior and don’t use your kids to punish or manipulate your spouse. In the end, this will cause resentment and have a negative impact on the relationship you have with your children.

Can you have a relationship outside of marriage during divorce?

Even if you and your spouse no longer live together, in some states a relationship outside of marriage can become an issue during the divorce process. With all of the changes going on in your life, avoiding any type of romantic relationship is often the best thing to do for your emotionally. 8.

Do all parties to a communication have to consent to recording?

However, in other states, all parties to the communication must consent to it being recorded. Currently, the majority of states follow the federal law approach and require only one-party consent. The remaining states, however, take the opposite approach and require consent from all parties.

Is a recording of a phone call illegal?

In other states, absent specific verbal consent, a recording could be found to be illegal. Things become even more complicated if the recording is of a phone call that occurred between parties who are in different states. This scenario would call for the intersection of federal law and the law of multiple states.

Can you record your spouse during divorce?

Although recording your spouse or children during your divorce may seem like a good way to gather evidence for your case , the reality is that clients must be extremely cautious when doing so, or risk criminal repercussions. By Steven Maalouf Updated: January 27, 2020 Categories: General, Legal Issues. With the advent of cell phones, small portable ...

What does it mean when an attorney records an ex spouse?

The client explains that they have secretly recorded their spouse and that the recording highlights their ex-spouse’s abusive behavior, their threats, or even their dissipation of assets.

Is Massachusetts a two party consent state?

Accordingly, it is essential to understand the intricacies of each state. For example, though Massachusetts may be considered a “two-party consent state,” the Massachusetts Wiretap statute is specific in that it only prevents “secret” recordings and does not explicitly require consent from multiple parties.

Can you record your spouse without their consent?

Although recording your spouse or children may seem like a good way to gather evidence for your case, the reality is that clients must be extremely cautious when doing so, or risk criminal repercussions. In most circumstances, it is unwise to record another person without their explicit consent.

Can a stay at home mom get a divorce?

If you are a stay-at-home mother who is dependent on the salary of her husband, he can use his ability to limit your access to money as a form of punishment during the divorce process. To keep this from happening, make sure that your name is on all marital assets before filing for a divorce.

Can a stay at home mother be punished for divorce?

If you are a stay-at-home mother who is dependent on the salary of her husband, he can use his ability to limit your access to money as a form of punishment during the divorce process.

What does a divorce attorney request?

During the discovery process, your divorce attorney will request documents from your spouse related to income and assets. A spouse can stall the process by refusing to respond to such requests. Or, he may send a barrage of requests to your via his attorney attempting to bog you down in paperwork.

How to get a restraining order against a husband?

Getting a restraining order against a husband is a practice some women use against men in order to gain sole legal custody or have the husband removed from the marital home. Guard against this happening by refusing to engage in any form of conflict in person, via email or over the phone.

Can an angry ex husband make false accusations?

And, this is not a tactic used by women alone. An angry ex-husband is just as likely to make false accusations of abuse against the mother of his children. The difference between the motivation when it comes to men is, normally, to frighten a mother and manipulate her into doing something he wants.

What is the motivation of an angry ex husband?

An angry ex-husband is just as likely to make false accusations of abuse against the mother of his children. The difference between the motivation when it comes to men is, normally, to frighten a mother and manipulate her into doing something he wants. Don’t fall for the manipulation!

Can a wife take less than she is entitled to?

A wife may be willing to take less than she is entitled to if it means retaining full custody of her children. Your best bet is to offer 50/50 custody from the beginning. This takes away any leverage a husband can use and it is in the best interest of the children to spend equal time with two parents who love them.

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