# Need help! Is my lawyer legit?



## Houstondad (Jul 6, 2011)

I need help what my lawyer states in what was filed in the court. I know. He's my lawyer. But I was just curious. In my lawyer's divorce papers that I filed is essentially what my lawyer calls a "waiver" that was mailed to her. She thinks it's her waiving any rights that she would have. 
Also, she is hesitant to sign because of the section on attorney's Fees. It says:
It was necessary for Petitioner to secure the services of (my lawyer), a liscened attorney to prepare and prosecute this suit. To effect and equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the children, *judgement for attorney's fees, expenses, and costs through trial and appeal should be granted against respondent and in favor of petitioner for the use and benefit of Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who may enforce the judgement in the attorney's own name.* Petitioner requests postjudgement interest as allowed by law.
The part i underlined in bold is the section she is questioning. Is he asking that she pay him at the end of the divorce or that he is awarded something? I haven't spoken to my attorney yet because I have just now seen this from her. So what do you think my lawyer is saying in laymen's terms? I will talk to him tomorrow, but I was hoping someone could help explain so I could rest a little better tonight. Thanks!


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## aug (Aug 21, 2011)

Houstondad said:


> I need help what my lawyer states in what was filed in the court. I know. He's my lawyer. But I was just curious. In my lawyer's divorce papers that I filed is essentially what my lawyer calls a "waiver" that was mailed to her. She thinks it's her waiving any rights that she would have.
> Also, she is hesitant to sign because of the section on attorney's Fees. It says:
> _It was necessary for Petitioner to secure the services of (my lawyer), a liscened attorney to prepare and prosecute this suit._ To effect and equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the children, *judgement for attorney's fees, expenses, and costs through trial and appeal should be granted against respondent and in favor of petitioner for the use and benefit of Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who may enforce the judgement in the attorney's own name.* Petitioner requests postjudgement interest as allowed by law.
> The part i underlined in bold is the section she is questioning. Is he asking that she pay him at the end of the divorce or that he is awarded something? I haven't spoken to my attorney yet because I have just now seen this from her. So what do you think my lawyer is saying in laymen's terms? I will talk to him tomorrow, but I was hoping someone could help explain so I could rest a little better tonight. Thanks!



In the italic and underlined, it says that your wife is using your lawyer, right? If so, then it's probably asking that your wife also pays him (your lawyer) for his services he rendered to her.


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## Thor (Oct 31, 2011)

I read it as you are the petitioner and she is respondent. You filed against her, right?

Your attorney wants her to pay your legal fees for the trial and appeal processes. He is saying that you had to have his services in order to get what you deserved, so since she resisted in court she should pay for your legal costs.

That is my interpretation.


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## aug (Aug 21, 2011)

If you're the petitioner, then I agree with Thor.

If you get the custody of the kids, she's to pay your legal cost. And your lawyer can go after her directly to collect.


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## aug (Aug 21, 2011)

Is it legit?

Yes. Generally, the losing side has to pay the cost incurred by the winning side.


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## Houstondad (Jul 6, 2011)

Losing side pay for the winning side? Really? I never heard of that in divorce cases.


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## karole (Jun 30, 2010)

Attorneys often request that attorney fees be paid by the opposing party; however, it does not mean it will happen, that is up to the judge. The most likely scenario will be that (if the two of you are sharing an attorney) his/her fees will be split evenly between the two of you.


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## Lone Star (Feb 2, 2012)

I filed for divorce in Texas and my divorce petition says the same thing. It means I am asking the Judge to order my husband to pay the remainder of my legal fees. It is soley up to the Judge to award that depending on the situation. My husband did not respond to the divorce petition so he has defaulted which makes my chances of the Judge awarding me with what I requested.


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## Houstondad (Jul 6, 2011)

Lone Star-
Where are you at in the divorce proceedings? Since your husband defaulted by not responding, did he end up being served differently?


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## Lone Star (Feb 2, 2012)

My husband was served on Dec. 21. He has not responded so things are progressing. We are trying to settle on property out of court but we are not in agreement yet. So things are going slow right now, if we can come to an agreement out of court the final divorce decree will come soon after.


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## Bobby5000 (Oct 19, 2011)

Sounds like the lawyer is going to seek a big fat legal fee against your wife. I think you guys should figure out what is the amount the lawyer is seeking, and address it, rather than leaving it up in the air.


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## Mamatomany (Jan 10, 2012)

I am also in TX and I have had friends say the same thing as far as one lawyer trying to have the other partner pay for it.


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## EleGirl (Dec 3, 2011)

Yep, that says you Petitioner (you) are asking the court to have the Respondent (your wife) pay your legal fees.

Your wife now needs to get her own attorney. She should not sign anything without having an attorney go over the papers she was served. And her attonery will probably ask the court to have you pay her attorney fees. Most likely you will each end up paying your own attorney fees.


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## Houstondad (Jul 6, 2011)

My STBXW just sent me a written agreement signed and stamped by a notary that she will promise to return the kids back to Houston on the specific date she and I agreed upon. Would this hold up in court? Aside from just ignoring the letter and keeping the kids anyways, is there anything she could do legally to nullify the letter (assuming the letter holds up in court?).


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## Lone Star (Feb 2, 2012)

It is my understanding that if a written agreement is reached, signed by both parties and signed by the Judge then it is a legal agreement. I'm sure your attorney will advise you to how the agreement will work.


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## Shaggy (Jul 17, 2011)

Houstondad said:


> My STBXW just sent me a written agreement signed and stamped by a notary that she will promise to return the kids back to Houston on the specific date she and I agreed upon. Would this hold up in court? Aside from just ignoring the letter and keeping the kids anyways, is there anything she could do legally to nullify the letter (assuming the letter holds up in court?).


It means nothing. The notary only proves that it was your wife that actually signed it. nothing more.

As for her writing stuff like that, it's worthless and no better than a verbal agreement.

Here's the thing with agreements - they are only meaningful if they are enforceable. So answer the question: What will you do when she doesn't return them? Call the cops? Call who else? Sue her?

Figure out what you would do, and then figure out what proof they would need to take action. Also what action would you thin they will do ? Swoop in with a black-ops squad and helicopters?

Talk to your lawyer, but my advice is that until you have a real custody agreement in place legally - then they do not leave the state.


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## Eli-Zor (Nov 14, 2010)

I agree the children remain with you until you have full legal custody. Regardless what your wife says or signs at this moment her returning the children is not enforceable. I am surprised that she signed such a document, why do so?
_Posted via Mobile Device_


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## 67flh (Sep 26, 2011)

houstandad, you're going to have to start listening to the great advice your getting here from these fine folks. your going to lose your children otherwise. DO NOT send your kids off without a legal agreement in place, not some stupid piece of paper someone signed.


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## Houstondad (Jul 6, 2011)

Standing mutual restraining order in place today.


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