# What to ask...



## cherokee96red (Apr 23, 2011)

Have a free consultation meeting tomorrow with a divorce attorney. H insists that there is a settlement agreement and has made offer based on what he perceives he is capable of adhering to, including te time frame. 

What I need are suggestions of what I should be asking the attorney. I know there is only so much that I can glean from the meeting , it is a free consultation after all. I am not financially able to retain and pay the rates attorneys charge.

(I know all too well the phrase "you get what you pay for.")
I am a rookie at this and have little idea which direction to go. I just want to be protected.

Suggestions?


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## Lon (Jun 6, 2011)

So your H has hired a lawyer to draft a separation agreement up and he is hoping it will go uncontested?

Basically this lawyer will quickly go over your rights (not too detailed but you can glean a little extra info with the right questions), give you a summary of how the process works, will make a recommendation as to what they can offer and approx how much they would charge for those services.

Spousal support is the big one you will want to learn about, as well as the division of marital property/debts - you said in your other thread that there is no assets only debt so I assume you rent your home, have mimumum furnishings, don't have any other valuable assets (cars, jewellry, retirement savings or pensions), is any of that debt for items that either of you owned before marriage that didn't become marital property?

With your kids all over 18 I don't think child support factors in but if they live with you ask the lawyer if there is any other expenses you would share. I think who they live with is largely a matter you, your ex and your kids will have to settle privately.

Who is paying for the separation agreement, divorce application etc? If your stbxh has the separation drawn up you will want to review it with your lawyer and sign it in their presence (they charge a nominal fee for that, ask how much).

How long will you have to wait for divorce? Does infidelity speed up the process? Is your state no-fault? if not you can seek restitution big time. Did he commit his adultery in your state or out-of-state, maybe it makes a difference?

I don't really know much more about where you live, only the laws where I live, hopefully other Floridians can offer useful advice.


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## cherokee96red (Apr 23, 2011)

H found an agreement example on the internet, basic fill in the blank format. Gave it to me when he came to son's wedding back in October, and left it here when he returned to NJ. He is waiting for me to draw it all up and insert the figures for what he feels he can comfortably pay. He has the lone vehicle we got during the marriage and is making the payments. 

In the agreement h is giving me what is left of all household and personal possessions. Only jewelry was the wedding ring that was my parents. 

He has not hired an attorney, $$ issues (no surprise there) but has offered in the settlement to pay ALL attorney fees associated with divorce. Don't ask me how he plans to pay later when he doesn't have the ability to pay now (so he says.).


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## 827Aug (Apr 27, 2008)

You may want to ask if you are entitled to husband paying your legal fees. If you are dealing with a lying spouse it's going to take a good attorney to MAKE him honor any agreement. My estranged husband will promise anyone anything. It takes my divorce attorney and the judge on him a lot. Although my estranged husband does not have an attorney, he is now paying my attorney.


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