You know I really thought after the 7 years it took me to get my divorce I learned a thing or two of how it works...am I wrong in my thinking here?
My common law hubby is pursuing his divorce after many years being seperated, they share one child, and have agreed on visitation, support is by federal guidelines. There is no seperation agreement in place. She is a recipient of disability payments from the government of Ontario.
So the idea was to just formalize what they have already been doing for years. He retained a lawyer 3 months ago. We gave the history of what they've been doing..which is all well and good. The lawyer asked him to call her and see if she is agreeable to these terms etc and if so we would draft an agreement. Initially he wanted to just have her served and go about it that way, but she advised that if we could have her co-operation it would likely go a lot more smoothly as people tend to get a little touchy when served with papers. Ok, so fine, he talks to her, she's fine with it, couldn't really give a flying fig about the whole thing, doesn't even want a lawyer.
After many delays we've end up with a different lawyer in the firm, then 2 weeks after that we end up with a different lawyer yet again whom we are currently dealing with. We come up with a list of things he would like included that his ex is fully aware of. There are 2 possible annomilies..she does not receive spousal, and given her very limited income and due to the very distant possibility she will ever become gainfully employeed he agrees to pay all section 7 expenses. He informed his lawyer that he has spoken with his ex about this. The lawyer responds with ' they can not act on behalf of him and his ex as they ( the law firm) was retained by him?!?!? And futher advise she should retain her own counsel, possibly at his expense. What the heck? And she wants to request his ex's financial statement as well.
What I don't get is :
a) as he is willing to assume the cost of all section 7 expenses and she does not want spousal support why do we even need her financials?
b) why would the lawyer even bother saying that they can not represent both of them..we know that..he hired them after all..and only bothered consulting the ex on their advice..
So now this lawyer wants him to come in so she can 'explain the divorce process' to him!!!??!
Am I missing something, I have the distinct feeling that he is being milked of his retainer.....as far as I can tell this should be easy breezy...everything is agreed upon, they've had this agreement informally for years..so why all the complications? And if she doesn't want a lawyer what the heck are we supposed to do about it, and frankly why is it any of our business, she's a grown women who can make up her own mind!
Any help or thoughts would be greatly appreciated. As I mentioned in the begining, my divorce took over 7 years..and it was uncontested ( don't get me started its a very long story..lol) and I truly dread the idea of dragging this out when as far as I can see it doesn't need to be.
My common law hubby is pursuing his divorce after many years being seperated, they share one child, and have agreed on visitation, support is by federal guidelines. There is no seperation agreement in place. She is a recipient of disability payments from the government of Ontario.
So the idea was to just formalize what they have already been doing for years. He retained a lawyer 3 months ago. We gave the history of what they've been doing..which is all well and good. The lawyer asked him to call her and see if she is agreeable to these terms etc and if so we would draft an agreement. Initially he wanted to just have her served and go about it that way, but she advised that if we could have her co-operation it would likely go a lot more smoothly as people tend to get a little touchy when served with papers. Ok, so fine, he talks to her, she's fine with it, couldn't really give a flying fig about the whole thing, doesn't even want a lawyer.
After many delays we've end up with a different lawyer in the firm, then 2 weeks after that we end up with a different lawyer yet again whom we are currently dealing with. We come up with a list of things he would like included that his ex is fully aware of. There are 2 possible annomilies..she does not receive spousal, and given her very limited income and due to the very distant possibility she will ever become gainfully employeed he agrees to pay all section 7 expenses. He informed his lawyer that he has spoken with his ex about this. The lawyer responds with ' they can not act on behalf of him and his ex as they ( the law firm) was retained by him?!?!? And futher advise she should retain her own counsel, possibly at his expense. What the heck? And she wants to request his ex's financial statement as well.
What I don't get is :
a) as he is willing to assume the cost of all section 7 expenses and she does not want spousal support why do we even need her financials?
b) why would the lawyer even bother saying that they can not represent both of them..we know that..he hired them after all..and only bothered consulting the ex on their advice..
So now this lawyer wants him to come in so she can 'explain the divorce process' to him!!!??!
Am I missing something, I have the distinct feeling that he is being milked of his retainer.....as far as I can tell this should be easy breezy...everything is agreed upon, they've had this agreement informally for years..so why all the complications? And if she doesn't want a lawyer what the heck are we supposed to do about it, and frankly why is it any of our business, she's a grown women who can make up her own mind!
Any help or thoughts would be greatly appreciated. As I mentioned in the begining, my divorce took over 7 years..and it was uncontested ( don't get me started its a very long story..lol) and I truly dread the idea of dragging this out when as far as I can see it doesn't need to be.
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