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Divorce/Separation :
This is for the already divorced-or almost divorced

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 Jayne Doe (original poster member #32664) posted at 6:38 AM on Saturday, July 27th, 2013

6 months into it, and I am wondering if I should fire my attorney....

What is the job of the attorney? Other than file paperwork and send emails to the other attorney and spend all your money? Seriously - at this point, I don't know

Let me be more specific while still being vague.

You say $1000. Stbxh says $500 and won't budge.

Should your attorney say to you that stbx won't budge and this is what you need to do to prove why we say $1000 *OR* should your attorney get on the phone with his attorney and say 'this is WHY we are asking for $1000 and she won't budge."

I thought I hired a shark, but I'm afraid I hired a goldfish.

Can't wait to hear your responses.

Everyday is a blank canvas, and only you hold the brush.
30y M traded in for a POM (pathetic Old Maid 46, 2 kids from different dads. never married)
S 11/11, D final 1/14.

posts: 1457   ·   registered: Jul. 2nd, 2011   ·   location: Suburbia, Arizona
id 6423578
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gma56 ( member #19595) posted at 6:56 AM on Saturday, July 27th, 2013

Depends what the $1000 is about. If it's about an asset then can you make up the difference with another asset ?

If it's spousal or child support, usually they are based on a formula, needs of a child, and incomes. Not a lot of wiggle room.

One thing I found during the process is pick the battles that you can't have any give on.

I had an estimate in my head, what I wanted to end up with and I ended up with more when we signed. I wanted cash and not so much the actual assets.

I was pro se so I did the filing, calling and talking. I did have to get nasty and showed to the court that our post nup could be easily thrown out for various reasons. FT and his bully attorney were much more willing to give more to me.

If we threw out the post nup, he would have paid all my attorney fees and court costs. Yeah, pick your battles.

If the 1k is something that you have to have then maybe attorney needs to prepare for court. Amazing what is settled before court appearances.

Hugs

Gma

BW-Divorced
It's my life now, my choices, my mistakes to make and my victories to celebrate. His choices made me free of liars and betrayers in my life. That is priceless.

posts: 20502   ·   registered: May. 19th, 2008   ·   location: Closer to where I want to be..
id 6423581
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Nature_Girl ( member #32554) posted at 7:34 AM on Saturday, July 27th, 2013

Gma is correct. This entirely depends on what the dollar figure is about. It also depends on your state, your county, and your judge.

Me = BS
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - DIVORCED!
https://www.youtube.com/watch?v=wJgjyDFfJuU

posts: 10722   ·   registered: Jun. 21st, 2011   ·   location: USA
id 6423588
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ButterflyGirl ( member #38377) posted at 12:46 PM on Saturday, July 27th, 2013

You could easily blow through $500 or $1000 in attorney's fees trying to fight for a one-time payment of the same amount..

If it's a monthly amount you are talking about, then perhaps it's worth fighting for..

I think a good attorney will tell you which battles to pick..

But as a warning, I wasted $5000 on a goldfish. If you aren't feeling comfortable or feel like they aren't fighting for you, there's no harm in making some calls and going to some consultations. Switching attorneys is the BEST thing I've done in this divorce so far..

xBW~ 40
Two DS~ 15 and 11

posts: 3123   ·   registered: Feb. 6th, 2013   ·   location: Flat Earth
id 6423668
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 Jayne Doe (original poster member #32664) posted at 5:57 PM on Saturday, July 27th, 2013

Okay - maybe I should have been more specific

It's about the value of our cabin - where he is living now.

The difference is what he found a realtor to say it is worth and the reality of what is worth and that comes to approx 40k.

This is a battle worth fighting. Not only for the money but for taking away part of my life that I loved. Many happy days were spent at that cabin.

Everyday is a blank canvas, and only you hold the brush.
30y M traded in for a POM (pathetic Old Maid 46, 2 kids from different dads. never married)
S 11/11, D final 1/14.

posts: 1457   ·   registered: Jul. 2nd, 2011   ·   location: Suburbia, Arizona
id 6423967
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Kajem ( member #36134) posted at 6:19 PM on Saturday, July 27th, 2013

Gently: divorce is a business transaction, in most states there are no monetary awards for pain and suffering.

The cabin sounds like it represented something emotionally to you. Those memories are priceless and unfortunately don't have a $ value in court. The cabin does, and the discrepancy does need to be negotiated IF there is to be a payout or trade out.

Hugs, You will get thru this.

In all aspects my attorney was a conflict avoidant goldfish - till XH got on the stand and started mocking her. Then she let him take the reins and helped him hang himself.

I trust you is a better compliment than I love you, because you may not trust the person you love, but you can always love the person you trust. - UnknownRelationships are like sharing a book, it doesn't work if you're not on the same page.

posts: 6708   ·   registered: Jul. 15th, 2012   ·   location: Florida
id 6423992
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million pieces ( member #27539) posted at 6:31 PM on Saturday, July 27th, 2013

For a couple of hundred dollars you could have it assessed by an independent person. I had to do this twice, totally accepted in court.

Me - 52 D-Day 2/5/10, separated 3 wks later, Divorced 11/15/11!!!!

posts: 2040   ·   registered: Feb. 10th, 2010   ·   location: MD
id 6424004
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tesla ( member #34697) posted at 6:39 PM on Saturday, July 27th, 2013

My ex paid for an appraisal on the house to determine if I should have to buy him out. The appraisal was done by an independent person that both lawyers approved of.

Do this. I am surprised your L isn't suggesting it.

"Thou art the son and heir of a mongrel bitch." --King Lear

posts: 5066   ·   registered: Jan. 31st, 2012
id 6424012
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Ashland13 ( member #38378) posted at 7:51 PM on Saturday, July 27th, 2013

We are losing property also. Even though it is spending money I have to borrow, I think of myself in the future having to reflect back on the decisions of the battle.

Can you get other opinions, Jayne? Nearly ExH and L were very annoyed at me for pushing it, but like you, I have loss to face and if I can make double sure all the T's and I's are correct, I will.

Yes, my attorney is like that too, but I've been also very proud and surprised when he does stand up. His way is to be very quiet about things and the other side is very noisy, the bullies of the field, so I think he is kind of laying low to see what they do and offer. Some of the things nearly Exh tried to take from me are awful and may not matter to court, but matter to me.

I've had to learn that what matters in the legal system isn't always what matters to people...guidelines matter more than feelings and yes, except for property, what can be replaced later may be the quickest way through.

I like your imagery of the shark and goldfish and have thought of the other team in my chapter as an octopus or jellyfish, who reach out and sting when they feel threatened...yet it's them doing the damage and looking foolish.

Also, I wonder if there are any lawyers with free consultations, if you question yours, maybe it's time to look around? I talked to three before "picking" one that showed half a bucket full of empathy.

Ashland 13

A person is a person, no matter how small. -Dr. Suess

Perserverance and spirit have done wonders in all ages.

-George Washington

posts: 3034   ·   registered: Feb. 7th, 2013   ·   location: New England
id 6424099
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LifeIsBroken ( member #27071) posted at 3:45 AM on Sunday, July 28th, 2013

An appraisal generally costs between $300- $400. Maybe money worth spending ? Good luck.

D-Day: 8/28/2009
BW: 59 @ D-Day XH: 60 @ D-Day Married 34 yrs, LIBerated: 2/17/11
Beyond terror is freedom. (Agnes Martin)

posts: 1242   ·   registered: Jan. 5th, 2010   ·   location: Missouri
id 6424448
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