Divorce lawyer question...?

Question

My brother is getting divorced & wanted me to post this question. First off he told his lawyer he didn't want anything out of the divorce, no division of anything, he justs wants it to be over. Well the lawyer sent him all the paperwork to sign & after reading over it he noticed one part that said the he prays to obtain equal division of all properties. He called the lawyer before he signed it & she stated it was a formality and his soon to be ex-wife would get the real copy. To him this didn't make sense. Would it be correct to say that he should be signing the same paperwork his wife gets? Also what is a formality? Thanks.

Answer 1

If they were married in community of property, he should legally get half of everything. I dont think it's easy to just forfeit everything. It's not about fighting or anything, it's the simplest thing and fair - 50/50.

Answer 2

He is signing the exact same paperwork that his soon-to-be-ex-wife is signing. The attorney put the standard boilerplate about equality of division in there, because they are acting in the best interest of their client. What exactly that equal division will be is going to be hashed out before the Court later. The reason the attorney put the boilerplate there is so that in case your brother changes his mind, the precedent is there for him to bring up division before the judge. If that was not on the initial temporary order, he would not be able to do that. Just covering his a$$.

I don't know why the attorney would lie about something like that - maybe your brother is a little emotional right now? A little unpredictable?



A formality is simply just standard legal practice to ensure that all the paperwork is done, the signatures are in the right place, and the adjudication process goes smoothly.

Answer 3

This lawyer is flat out lying!!!! Tell your brother to get another lawyer! Immediately! Formality my butt! Your brother should only sign the papers, the x is going to see. And he should sign after he has completely read the papers with a witness! Make sure the witness reads them as well. Really needs another lawyer!

Good Luck to your brother! And he shouldn't sign any papers until the lawyer has them written up to everyones satisfaction. This may be something that goes on in the "lawyer world" but it just isn't right for one to sign a paper if it isn't correct! Your signature can make a big problem later!

Answer 4

In a divorce, both parties are entitled to and granted to equal distribution of the property. It may have it in the papers, but nothing has been outlined as to what he shall receive. He does not have to take anything. For example, I am sure he took his clothes and personal belongings, therefore, he did get some. It is only words on the paper, and this will also help him if he notices something that he did not get that he really wants or needs....like something that has been in his family for years or maybe he forgot to get his birth certificate or something like that. It is not something that is telling him that he has to take half of everything. The lawyer has him signing the copy as it stands now. She will probably do some touch ups here and there to send to his ex to sign. My ex and I signed different papers as well. Its nothing for him to worry about. His lawyer knows what she is doing. The papers that she signs is what he will sign the day of the divorce.

Answer 5

I would ask the lawyer or his legal assistant to make the correction. My husband was married and divorced his ex-wife 3 years ago. The statement that was made (not word for word) in his paperwork was that there was no marital property to be split. I would not sign anything that could be misconstrued as something else. I would have the attorney make the change.

Answer 6

When you file for a divorce(complaint) you have to state what you want. When you are sued for a divorce you have to file an answer to the complaint. This is standard wording. A final separation agreement will not have those words in it at all. It will say the parties agree all assets and debt distribution is agreeable to both of them. It could list the items and who they went to or how they are suppoesd to be divided. The final agreement will not have the prayer statement in it.



You need to concince your brother to take his fair share. He will be sorry in the end. Getting your fair share does not make the divorce take longer unless you bicker over little things. And bickering over them costs over $200.00 per hour in attorneys fees.



Houses are easy. It gets appraised and either one buys the other out or it gets sold and the profit split. YOu each take your own car and loans. You split up the debts. You take your personal belongings. Savings, checking, stocks, 401ks, etc get split. You split up common things like furniture, flatware dishes, etc.(these are the little things you don't argue about). Saying "she can have the -insert little thing here-" is where your brother will save time and money.



Your brothers lawyers job is to look out for his best interest and get the best possible settlement she can for him. That is his lawyers ethical duty to him.

Answer 7

Is it possible that the lawyer is trying to milk more hours out of the case? Lawyers make money from time spent. If there is no contest, neither lawyer gets much beyond the retainers. There are lawyers who specialize in uncontested divorces. There are no arguments and the lawyers just put their agreements in legal terms, for say, around $2-3k. But your brother might lose the retainer (probably already $3k) if he switches lawyer now.

Answer 8

It means she's seriously thinking about it. There is likely a lot more to the troubles between your parents than money. Usually money is the final straw after lots of other disagreements, misunderstandings, and wrongs between people. Try to keep out of the middle of the arguments. I'm sure there is nothing you have done or could do to hurt or help the situation. Talk with another person in the family, maybe your grandparents or aunt/uncle. Or talk with your school counselor or clergy person about your feelings and what is going on with you during the issues at home. Try to stay positive yourself. I know it's hard right now, but whatever happens in the end, it will smooth out and be better. Know there are lots of people who have been where you are or are going through the same thing right now. Best of luck! Peace!!

Answer 9

This is the typical wording that is used in a typical divorce and is not applicable in this case. And, yes, he should be signing the same document that his wife will get. So, have him walk it back into the attorney's office and have it re-written, stating that he is reliquinshing any and all rights to his real assets and properties now held in joint names.

Answer 10

Yes. I work in a law office and there is no way that you send paperwork to one person, asking them to sign it, and send something different to another (would it then be unsigned?). He should either switch attorneys or make an appointment and straighten this out. It sounds as if your brother is a smart person and it's good that he picked up on this and questioned his attorney and doubted her answer. Good luck and God Bless.

Answer 11

It all sounds like your "run of the mill" divorce. Not necessarily would he sign the EXACT same copy of the doc.. they would just have both papers on file with each of them agreeing to the same things... The formality is just a way of saying "the way we usually do things"... Hope this helps...



WF

Answer 12

the lawyer is lying, he is signing the papers his ex will see,



the lawyer is trying to get him a fair shake because he is depressed at the moment,, he needs to call the lawyer and tell her he wont sign until it says his ex gets everything ( I think your brother is a idiot not to take half, ) esp in this day and age,

Answer 13

something is wrong

he should not sign it