Legal Question in Family Law in Virginia
Odd requests from a layer
My wife and I were looking at creating a separation agreement. My wife retained a lawyer for this function. My plan was to hire a layer only to crosscheck that her lawyer followed our instructions and did not slip anything in. She picked up a 20 or so page separation worksheet on May 17th. When she picked it up she was told to bring it back when she felt comfortable with it. on May 26th she recieved a letter from the layer indicating it had to be back by June 2nd. The layer knows my salery and it is just over 6 figures. My question is this. Is it normal to have a time limit from a lawyer for completing this type of document or am I correct that he is trying to put presure on her/us and potentially force a contested divorce? If not why did he tell her to take her time?
Barry
2 Answers from Attorneys
Re: Odd requests from a layer
It is good that you and your wife are able to resolve your differences. You should first consider marital or family counselling to attempt to preserve your marriage before planning for a divorce.
Your question seems to acknowledge that this lawyer is your wife's lawyer and that you plan to hire your own lawyer, yet at the same time your question implies that he has some duty to you. You state that you expect her lawyer "to follow our instructions". You are mistaken if you believe this lawyer is following your instructions. You need to understand that your wife's lawyer is not your lawyer, that he cannot ethically represent you both, that he is not looking out for your interests, that he has no professional relationship with you, and that he has no duty to you, other than that he might have to an adverse party or the general public.
I do not know why this lawyer has put a deadline on this information and neither can you, unless your are privy to their communications.
To put it bluntly, the nature and terms of this lawyer's professional relationship with your wife is their concern, not yours. If she is unhappy with his service, she should discuss that with him, terminate the relationship, or report him to the Virginia State Bar.
Re: Odd requests from a layer
There is nothing abnormal or unusual about a particular attorney setting a deadline for the return of a document and your surmise that he is using this deadline to pressure you and your wife
into a contested divorce is utterly unfounded.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
