A quick search on google would reveal multiple sites that offer a variation on fill-in-the-blank forms. These range from what appear to be templates to questionnaires that a paralegal uses to prepare a document.
Knowing that the answer will vary from person to person, would a lawyer generally be willing to review self prepared documents for legal sufficiency.
Without crossing the line into specific advice, it would be in VA and would be a marriage settlement going into a separation to establish the terms for an eventual divorce.
Lawyers are generally happy to review documents prepared by others. I don’t see any reason why they would get sniffy about a document prepared using a template and a standard procedure.
However, there’s no reason to suppose that getting the lawyer to review someone else’s document will necessarily be any cheaper than getting him to prepare a document himself. He’s going to have to go through the same process of taking instructions to establish what you want to achieve and considering the legality and practicality of that, and in reviewing the document he will have to consider the same legal issues that he would consider in preparing his own document.
And of course if he were preparing his own document he would likely work from a template, and adapt it in light of your circumstances and objectives, which is pretty much what the website does. Adapting his precedent is a small part of the time the lawywer would devote to your matter, and so the saving in dispensing with this is not great. Arguably there might be no saving at all; it is easier for the lawyer to consider his own precedent, with which he is already familiar, than to review another person’s document.
I am a lawyer and I will review anything you like for a fee. Your choice in clothing is horrible, that breakfast is a terrible way to start the day, stand up straight.
UDS is correct though, any lawyer who practices in the area you need advice on, is also likely to have templates that are customized for each client. Its the customization that you pay for and that you need reviewed when you use a diy form. What is your situation, what are you trying to accomplish, and what are the applicable laws for your local jurisdiction?
While a divorce is costly in both actual money and emotional terms, this is probably not an area one should try and cut costs on. Even if both sides are willing to work amicably now, getting things down on paper the way you want them to come out in the future will prevent trouble.
It is not the lawyer’s fee that is so much the issue is it the idea that I keep running into that most suggest (insist) that both parties have a lawyer. While that will be the most reasonable position as soon as any contention is detected, my initial inquiries have found lawyers resistent to drafting a document that lays out an agreed upon position between two people.
I do object to having two people apply their expertise when there is no question except legal sufficiency - that is my initial offer is much more generous than she’d get in a contested divorce. As an example, she is entitled to a claim on my military retirement based on concurrent service and marriage which works out to about 45% and I’m offering 50%.
I guess I’m really asking someone (perhaps a lawyer) to help me understand why adding conflicting advocates is a good thing in this specific case.
because you and the spouse have different interests - it’s not adding conflicting advocates; it’s recognising that you and the spouse may have different interests, and one lawyer should not be advising both parties in a potential conflict.
At least in my state, lawyers are not allowed to represent both sides in an uncontested divorce. Typically, the lawyer will represent one party, and the other party will either represent themselves, or retain their own lawyer. There will be a provision in the property settlement agreement specifying which party each lawyer represents, or that the lawyer represents one party and the other party was given the opportunity to seek counsel and chose to represent themselves.
I have never been divorced so take my advice for what it is worth. However, I am a paralegal and in my state (CA) we have what are called Legal Document Assistants, which are sort of freelance paralegals who will guide you through filling out the forms properly. I believe there is a testing and certification process they have to go through. They don’t fil the forms out for you. They just go over them and help you fill them out.
Also, in my county we have a Family Law Facilitator’s office which is run at the court house. It is free and they have people there who will go through the forms with you so that you can fill them out on your own. I have a co-worker who went through a divorce and she hired a lawyer while her ex went through the Family Law Facilitator. She regrets hiring the lawyer. She had huge legal fees while he had none, and she really wasn’t any better off for it.
If you guys are in full agreement on the terms of your divorce, and you both really are happy with the terms agreed upon, I see no reason to bring a lawyer in. That’s just my two cents.
I work in a totally different area of law (immigration), and IANAL. But my boss is usually unwilling to review someone else’s work if his signature is supposed to go on it, because of potential liability issues in representing someone if he hasn’t gone through the whole information-gathering process from scratch. Which, as others have mentioned, is a large part of the cost of his work; customizing templates normally doens’t take a ton of time unless the case is complex.
Minnesota has no-fault divorce where neither side is represented by a lawyer. This works out because neither side has to deal with an obstreperous attorney, but it’s possible to screw yourself or get screwed if you don’t understand what you’re signing.
Thanks for the replies although I don’t think I asked my question correctly because the answers seemed to answer a different question.
I’ll ask a slightly different question. My wife and I are in full agreement on how to divide things (big hypothetical but play along). We sketch up informally what’s going to happen with assets (no minor children involved), which insurance policies each will keep in effect, etc. What is the best way to get that agreement executed in a legally sufficient manner and once that criteria is met, what is the lowest cost to get that done.
All of my online research indicates that in Virginia the courts will accept an agreement if it is freely entered into and it meets some broad definition of reasonableness.
I’m not looking for someone to represent either party with regards to what they could get, I’m just looking to get the exisiting agreement formalize and to have someone who is familiar with the local courts say that it will be acceptable. The first part I could do cheaply via the do-it-yourself website.
I understand and have told my wife that if there is any hint of disagreement on the settlement terms we should stop and get our own separate legal advocates. I’ve also told her that she should have someone else at least review the settlement. All of the above questions are only in the context of there being no disagreement.
The reason to bring a lawyer in is because you can be perfectly happy with lousy terms because you don’t understand the implications.
Example: a client who was self-employed went through a divorce using only a mediator and got no legal counsel. He agreed to a settlement that overlooked these key factors:
Tax withholding had been done under the wife’s name; they didn’t list that as an asset in the settlement so she got away with a lot more money than he thought she did. (And he got stuck with an enormous tax bill).
The mediated settlement included alimony that was a percentage of his earnings. He thought it was a percentage of each year… it was actually written to be a fixed amount calculated on a percentage of 2007’s earnings. 2007 was the best year he will probably ever have; even without a recession, he agreed to something he couldn’t afford.
Even if a couple think they have a document drawn up between them that both are happy with, I think it’s absolutely essential that each have their own attorney to review it. You simply do not know what you don’t know.
Many states do allow attorneys to represent both parties in uncontested divorces. You and the wife will have to sign waivers saying you understand that you have the right to independent counsel and that you have freely waived that right.
I don’t know if Virginia is one of those states and don’t have time to look it up. Bricker will probably be along in a minute anyway.
Know that if you do hire an attorney to draw up the divorce, you won’t be able to retain him to represent only you if things go south later. You’ll both have to find a new attorney.
You don’t need to pay a lawyer to review the form and format of your document. You just get it notarized and file it. If it’s improper, either the clerk or the judge will tell you.
The only thing that a lawyer can add in reviewing the document is to raise questions about the content of the agreement, which it seems like you are explicitly not interested in.
A lawyer’s job is to represent your interests and be your advocate. It’s not his job to offer impartial opinions on the efficacy of a document. That’s what a judge does. You might as well ask you car mechanic to review the agreement.
I agree that if all the OP wants is to make sure the document is in compliance with the local rules and applicable rules of procedure he should just ask the clerk, but I’m pretty sure that’s not what he’s asking for.
Yeah, I don’t know if an attorney in VA could handle both sides of a divorce, but it would likely by a huge pain. It really is worth the time and expense for each of you to have an attorney review what you have done. Plus it really should not be that expensive. Maybe they find nothing wrong, maybe they do. Years down the road is too late to correct a mistake.
At any rate, my sympathies and good luck on a quick resolution and a new beginning.
Thanks. I understand the point about just filing and the clerk or judge will tell me if it is wrong. Hadn’t thought of that.
I’ll most likely be seeing a lawyer. But the OP question was about a separation agreement that would lead to a divorce not the actual divorce filing. In Va, the separation agreement doesn’t appear to need to be filed. I realize that absent some evidence of undue pressure, a property settlement in the separation is usually accepted as the divorce settlement (I know, lots of caveats and special cases).
I was trying to keep it generic enough to avoid asking legal advice, which is why I asked in such a restricted way.
What I’d like is an “all but final” divorce that resolves property but leaves me married for certain insurance reasons and I need to ask a local attorney if that is even possible in my state.
Sorry for the slightly dismissive tone earlier. I was trying to squeeze responses in around work obligations.