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  • lawyer sent e-mail for divorce

    Asking for a friend trying to figure out what he should do.

    His wife left him 7 years ago.

    They were only married for 4 years. (They did live together for possibly 4 years before actually marrying)
    So she just left 7 years ago. There has been no communication between them.......until recently--she contacted him through e-mail.

    They had No children, They had No house, There should not be any financial matters to deal with.



    A few months ago wife e-mailed him saying she wanted to get a divorce, she wasn't looking to drag it out, didn't want anything from him....just wanted a divorce, asking him for his address.



    He responded back, telling her that he agreed with the divorce, gave her his address. (He was expecting her to serve him with the simple divorce application---he would not respond/ it would all go through as an uncontested divorce)



    So the few months have gone by, he has not got served/ no contact from her.



    Now a couple days ago wife e-mails him saying that her lawyer had been trying to get in contact with him and couldn't, and they may have to go through court if he doesn't get in contact with her lawyer, she asked him if he wanted the lawyer to e-mail or what?



    He gave her his e-mail again.



    Yesterday lawyer sends him this long e-mail (was more along the lines of advertising/explaining what she practices) It was going on about collaborative law, mediation, negotiations, etc. Asking him how he wanted to proceed, telling him to have his lawyer contact her.

    (Again they had no kids, no house, no financials--there is nothing here to mediate or negotiate)



    What should he do now?



    Why can't they just send him the simple divorce application/let it go through uncontested?



    Does he need to get a lawyer and do joint divorce with them?

  • #2
    he should just contact the other lawyer and say what you did here. That there are no kids, property etc and he would like a joint divorce. He should also offer to pay for half of the getting the papers filed with the courts etc.

    Comment


    • #3
      I wouldn’t offer to pay for anything until he sees the papers. It sounds fishy if the lawyer is doing a hard sell on him. Tell the lawyer to send the papers to his address and go from there. That way if she is coming for spousal he can go from there.

      Comment


      • #4
        Thanks for both of the opinions.

        I had the same thought as you Rockscan, did not think he should communicate to this lawyer until he is served some actual papers and knows what they actually want.

        It was The Ex Who Contacted Him, Requesting The Divorce, telling him in the e-mail that she didn't want anything from him, didn't want to drag things out, just wanted it done to move forward with her life.



        The e-mail the lawyer sent just seemed odd to be 2 pages going on about collaborative law, mediation, lawyer negotiations for such a simple divorce. (seems like the lawyer just wants to ring up unnecessary fees for the ex by communicating to him/having meetings, and have him retain a lawyer, ringing up unnecessary fees as well)



        But I don't know, why I inquired if he actually needs to get a lawyer and file joint? (Is the divorce process faster if you file joint?....what is the benefit of him doing it that way?)

        Comment


        • #5
          Is the email that was sent to him some sort of form email? What I mean is this an email that her lawyer always sends to the other side as a way to introduce themselves?

          I still say he emails back and says he wants a simple joint divorce and see how it goes from there.

          Comment


          • #6
            She directly wrote it to him, introduced herself, went on about collaborative law, mediation, lawyer negotiations, told him to have his lawyer contact her to let her know how he would like to proceed.

            Comment


            • #7
              I agree with SOTS here. There is nothing wrong with communicating with the lawyer that it is your understanding both parties want a simple, joint divorce and given there are no outstanding issues between the parties, it should be simply a matter of filing the forms. Ask him to send along the forms to review and get the process started.

              Neither party is obligated to have lawyer, especially if it's simply paperwork and no disagreement. Avoiding responding to the lawyer may come across as hostile which could open a bag of worms you don't want.

              Comment


              • #8
                sounds as though you received a form letter from lawyer? (Breathe a sigh of relieve that you do not have a lawyer who fires out crapola without reading beforehand).

                If you do respond I'd make it very clear, in bold at top right-hand corner of your letter, that you are in no way assuming responsibility for any part of this lawyer's bill. Then respond.

                Comment

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