# Divorce Lawyer and Filing Help



## NewMan19 (Mar 21, 2019)

Hello,
I was faced with a dilemma today I am looking for some opinions on. My wife is moving out this weekend and I scheduled with my current lawyer to file for divorce this Thursday. This required a $3500 retainer that hourly rates will be billed from. Just today my company opened enrollment for prepaid legal program in which I will pay $17 a month for legal services. These services include up to 20 hours of divorce lawyer time under the plan. The issue is it does not go active until May 1st. Now the dilemma..... Right now my stbxw is pretty agreeable to my preliminary divorce terms so I feel time is important but 20 hours of divorce lawyer for $200 seems hard to pass up. Just looking for some opinion from those who have been down this route.


Thanks


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## Elizabeth001 (May 18, 2015)

I took that plan with my last employer and it paid for the majority of my divorce (which was amicable). 

Those billable hours stack up quick. They will charge you for everything. Phone calls...emails...all of it. It might be worth the wait for you to sign up and hold off until it kicks in. Good luck!


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## Lila (May 30, 2014)

Are you expecting a contested divorce or uncontested one? 

I only ask because $3,500 seems kind of high for an uncontested one where all you're asking for is to have the lawyer put together the settlement and parenting plan that you have both agreed.

ETA: If you expect your divorce to be contested, you're better off just paying the $3,500 retainers because 20 hours is not going to cover your divorce.


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## NewMan19 (Mar 21, 2019)

Lila said:


> Are you expecting a contested divorce or uncontested one?
> 
> I only ask because $3,500 seems kind of high for an uncontested one where all you're asking for is to have the lawyer put together the settlement and parenting plan that you have both agreed.
> 
> ETA: If you expect your divorce to be contested, you're better off just paying the $3,500 retainers because 20 hours is not going to cover your divorce.



I don't expect it to be but who knows what happens once in motion.


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## wilson (Nov 5, 2012)

See if you can find any reviews of that service to find out what people used them for and if they were happy with the results. There's no sense in waiting to use a cheap service if those lawyers don't do a good job and you get a bad settlement.


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## Elizabeth001 (May 18, 2015)

wilson said:


> See if you can find any reviews of that service to find out what people used them for and if they were happy with the results. There's no sense in waiting to use a cheap service if those lawyers don't do a good job and you get a bad settlement.




If he can keep the peace and play fair, the divorce should be amicable and all he really needs is a paper pusher. A month isn’t really that long in the scope of things. 


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## Marc878 (Aug 26, 2015)

Finances matter. Delay and avoid the cost out of your pocket.


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## Lila (May 30, 2014)

Elizabeth001 said:


> wilson said:
> 
> 
> > See if you can find any reviews of that service to find out what people used them for and if they were happy with the results. There's no sense in waiting to use a cheap service if those lawyers don't do a good job and you get a bad settlement.
> ...



I agree. Use the time between now and the 1 st of may to jointly come up with a settlement and parenting plan. You'll be saving a lot of money/hours with the going back and forth. 

My divorce was uncontested and amicable. It cost $1,700.


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## wilson (Nov 5, 2012)

Yeah, I agree that all you need is a someone to fill out the paperwork and file it correctly, then using the service seems like a great way to save money. But if the divorce starts to get complicated, then evaluate what would be best.

Since you're technically still married, can you add your spouse to the legal coverage so she could also save money? Presumably you both wouldn't be assigned the same attorney to avoid any conflicts.


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## just got it 55 (Mar 2, 2013)

Marc878 said:


> Finances matter. Delay and avoid the cost out of your pocket.


Yup If you haven't mentioned the ins coverage to your STBXW *don't*

Not sure you should discuss with your lawyer either.

Maybe someone can advise you on this here.

Keep moving forward Brother

Keep your chin up

I am sure this has been the most dificult time of your life

We're with you

55


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## Elizabeth001 (May 18, 2015)

wilson said:


> Yeah, I agree that all you need is a someone to fill out the paperwork and file it correctly, then using the service seems like a great way to save money. But if the divorce starts to get complicated, then evaluate what would be best.
> 
> 
> 
> Since you're technically still married, can you add your spouse to the legal coverage so she could also save money? Presumably you both wouldn't be assigned the same attorney to avoid any conflicts.




Doubtful. The legal benefit will only cover him in the event of a divorce but if they can come up with a settlement agreement, the attorney just needs to push it through. She may or may not seek legal advice (if only to review documents). My XH didn’t but he knew I wasn’t trying to screw him over. The settlement agreement was very clear and concise.

Agreed that if things take a bad turn, re-evaluate. 


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## Elizabeth001 (May 18, 2015)

just got it 55 said:


> Yup If you haven't mentioned the ins coverage to your STBXW *don't*



Ummmmm...why not? I told XH to go along and everyone wins. He was all about it. Saved both of us major bucks in the long run. 

Current attorney may cut you a break on his price if he thinks he might lose you. Current attorney could also possibly be on the list of people available through insurance plan. Worth checking into. 




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## just got it 55 (Mar 2, 2013)

Elizabeth001 said:


> Ummmmm...why not? I told XH to go along and everyone wins. He was all about it. Saved both of us major bucks in the long run.
> 
> Current attorney may cut you a break on his price if he thinks he might lose you. Current attorney could also possibly be on the list of people available through insurance plan. Worth checking into.
> 
> ...


I guess it deponds on the lawyer

As for her she could try to steamroll the D on the fast track

55


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## NewMan19 (Mar 21, 2019)

This is all great advice. My major fear is once she gets out of the house with a month of 180 she may be less agreeable to the terms we have already discussed. She has agreed to split financials from before our marriage (we were together 13 years) and she is leaving the house furniture ect. behind. This to me seems like a good time to move before she gets "clarity" and wants more. Just thinking a move or two out and being paranoid.


We also have investment property and other assets she is being really fair about (not wanting 50% where she had no involvement)


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## Emerging Buddhist (Apr 7, 2016)

Lila said:


> Are you expecting a contested divorce or uncontested one?
> 
> I only ask because $3,500 seems kind of high for an uncontested one where all you're asking for is to have the lawyer put together the settlement and parenting plan that you have both agreed.
> 
> ETA: If you expect your divorce to be contested, you're better off just paying the $3,500 retainers because 20 hours is not going to cover your divorce.


Mine was about as amicable as they come and it was $3300 when all was said and done being mediated with a common lawyer.


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## Emerging Buddhist (Apr 7, 2016)

NewMan19 said:


> This is all great advice. My major fear is once she gets out of the house with a month of 180 she may be less agreeable to the terms we have already discussed. She has agreed to split financials from before our marriage (we were together 13 years) and she is leaving the house furniture ect. behind. This to me seems like a good time to move before she gets "clarity" and wants more. Just thinking a move or two out and being paranoid.
> 
> 
> We also have investment property and other assets she is being really fair about (not wanting 50% where she had no involvement)


Buffer everything with kindness.

Seriously, she may have more clarity for her independence than you think... be fair and you may be surprised how well she receives it.


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## jlcrome (Nov 5, 2017)

Kick the can one more month down the road the whold process takes months before it gets to a judge yeah wait it out.


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## Chaparral (Jul 17, 2011)

Go online and see if you can download a divorce packet from your state. That may help you decide. You may also be able to pick up a packet at the county courthouse. Are you in a no fault state?


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## MJJEAN (Jun 26, 2015)

My uncontested divorce cost me $300. I downloaded the paperwork, filled it out, and filed. Would I recommend that you do the same? No. ExH and I had kids, and we agreed on custody, but we had no other assets. 

For you, as you have premarital and postmarital assets, I'd suggest a Paralegal. It's much less expensive than a lawyer and you get experienced legal advice along with someone to help you properly fill out the paperwork, including the specifics about debts and assets someone doing a DIY divorce without help might not consider.

If, once the process gets going, your STBXW changes her mind and starts being less agreeable you can bring a lawyer on board.


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## NewMan19 (Mar 21, 2019)

I'm just going to use the lawyer I already have spoken with. The legal service being offered has less than stellar reviews and truthfully she is leaving the house this weekend so I want this in motion ASAP. Thanks for all the advice.


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## Elizabeth001 (May 18, 2015)

NewMan19 said:


> I'm just going to use the lawyer I already have spoken with. The legal service being offered has less than stellar reviews and truthfully she is leaving the house this weekend so I want this in motion ASAP. Thanks for all the advice.




Listen to your gut 


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