At $300/hr, the cost could easily run up to a thousand, for a 10-minute hearing and 3 or more hours of waiting. What if I don't let my attorney go to court (it's OK with him, although he strongly advices me against it)? It's a long distance case, I'll send my certified contract and all, then the judge will call me, and I will talk to the judge.. all paperwork, all agreements are signed, what can possibly go wrong?
The only thing my attorney mentioned that COULD go wrong is, if the judge does not believe I signed in good will, etc. , then the divorce won't happen that day.. I don't care, I am not the one who wants the divorce. Any other potentially harmful consequences of being unrepresented at the hearing? Please give me the worst case scenario.
New Jersey state. Asked by :-) 39 months ago Similar questions: Uncontested divorce attorney hearing Politics & Law > Law.
Similar questions: Uncontested divorce attorney hearing.
Presence of a Lawyer at Uncontested Divorce Hearing is NOT Necessary There are two options you have with regard to your divorce issue. Firstly, with regard to your specific question and whether it is necessary to have your expensive attorney present at your uncontested divorce hearing, the simple answer is no. For an uncontested divorce, what is necessary is the proper completion of the necessary paperwork and YOUR presence at the hearing.
You are able to speak with the judge without your attorney and you mentioned in your queston that you would make sure to have all the paperwork, agreements, and certified contracts sent-in. If you are at all apprehensive about the process, you can also call the clerk of the court at the courthouse you are assigned to to inquire about any special rules they may have. Part of the reason that your lawyer advises against is (aside from monetary incentives) is that you will be on your own if any legal questions arise, as your spouse's attorney is under no obligation to answer your questions.
A cost-saving tip would also be to spend an hour with your attorney (instead of the 4-5 you may have to pay for if he were to attend the hearing) and go over exactly what needs to be said or done and any issues that may arise. This will leave you better prepared and more confident at your hearing. You can read more about Divorce here.
There is another option. It is always wise to have an attorney assist in any legal proceeding as they are versed in the law and also know the legal system. That being said, if you need to file for divorce but can't afford an attorney, you may be able to hire the attorney you want and have the other spouse pay for him/her.In your situation, a final judgment in a divorce does not necessarily mean that a dependent spouse will be awarded attorney's fees.
Typically, the ability to recover attorney's fees is left to the discretion of the court in which the divorce was made final. In some states, statutes may award attorney's fees whether or not judgment was entered on behalf of the spouse or not. You should discuss with your lawyer the applicability of this option and can also read more about divorce and attorney fees here.
I hope this was helpful to you. In the future, you can go to the LegalMatch.com website with your questions and also when you need an attorney! Sources: legalmatch.com .
1 Save your money...it is entirely possible not to have your lawyer present.
Save your money...it is entirely possible not to have your lawyer present.
3 I have went through two divorces...the first occurred in CA and I was living in Illinois at the time...I never even got a lawyer...just read the paper work over and signed away...no probem. Second divorce...I got my own lawyer and she did not and did not show up for court...my lawyer handled everything. So it is definitely possible.
If you are not disputing anything...no open questions...everything is spelled out in the paperwork then you or your lawyer do not need to be present. You will want to get a signed/sealer/official copy of the paperwork after the divorce.
I have went through two divorces...the first occurred in CA and I was living in Illinois at the time...I never even got a lawyer...just read the paper work over and signed away...no probem. Second divorce...I got my own lawyer and she did not and did not show up for court...my lawyer handled everything. So it is definitely possible.
If you are not disputing anything...no open questions...everything is spelled out in the paperwork then you or your lawyer do not need to be present. You will want to get a signed/sealer/official copy of the paperwork after the divorce.
" "ANYONE KNOW OF AN OBITUARY IN THE PAST 5 YEARS IN THE STATE OF KANSAS FOR A ROBERT J. INGRAM, AN ATTORNEY AT LAW?" "is each party responsible for thier own attorney fee's in a divorce? " "will the judge still grant me a divorce in an uncontested divorce hearing if my spouce is a no show in court" "Can a mother take her kids out of state without the fathers permission prior to a divorce with no custody hearing?
" "What's the biggest thing you did per you divorce attorney's advice and came to regret?" "What is Florida's divorce law about property division? " "Can we sue ex son in law for money he owes us if the divorce settlement said he did not have to pay us. " "Can a person go to a divorce hearing with a person who has an injunction against him?" "I am self-employeed going through a divorce.
I did my income and expense form. How can I prepare without an attorney?
Anyone know of an obituary in the past 5 years in the state of kansas for a robert j. Ingram, an attorney at law?
Will the judge still grant me a divorce in an uncontested divorce hearing if my spouce is a no show in court.
Can we sue ex son in law for money he owes us if the divorce settlement said he did not have to pay us.
I am self-employeed going through a divorce. I did my income and expense form. How can I prepare without an attorney?
I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.