That's the thing about our amicable breakup. My wife and I agreed we'll split everything. She will have to pay half of the fee as much as I do, and we want to avoid that. Can I submit a new Answer that rescinds the original Answer and just say I agree to everything now? I have one day to do so if I still can.
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Filling out forms without lawyer
- Thread starter midad8
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mistoffolees
Senior Member
I believe so, but have her ask her attorney since it's purely a procedural issue.
At this point, I don't trust "her" lawyer anymore. I don't want the lawyer collecting a cent from us on principal, and the fact that my wife's legal plan doesn't cover contested divorces. Just to verify, if I file a Answer that recinds the old one and just say that I now agree with everything without any addendums, would that make the divorce uncontested again?
stealth2
Under the Radar Member
If that lawyer has done ANYTHING wrt this divorce, SOMEONE is going to be paying him/her SOMETHING. Y'all don't get to jerk him/her around.
The lawyer has done nothing except file the Complaint for Divorce, covered by my wife's legal plan if it is "uncontested". Once I mailed the lawyer a copy of my response, which had the addendums, it is suddenly a "contested" divorce, and now there is a big fee. It is the lawyer that is jerking us around.
No ,you contested it by filing addendums .You tried to one up ,but it did not work.
Contact the Lawyer and send a letter retracting the addendums ,and agree to the uncontested .
The Lawyer may still want to be paid for reviewing your contested answer.
This exactly why I need this forum for advice. I did not try to "one up" my wife or the lawyer. In fact, I stated in the Answer that I agreed with everything on the Complaint and added the addendums to let the court know that we have already come to mutual agreements on a lot of things. I had good intentions and it backfired. My wife even thought it was OK until the lawyer sent her the fee statement. I guess any addendum is considered "contesting" the Complaint even though the content of the addendums was merely stating that my wife and I have agreed on everything.
stealth2
Under the Radar Member
You guess right. And the lawyer will expect to be paid for the time spent. Pay it or don't. If neither of you do? He'll take you to court, and you can expect that one or both of you will be ordered to pay him. Plus court costs and legal fees involved with suing you. Think hard which will cost less. 
Ohiogal
Queen Bee
It is contested because you filed an answer. ANY answer makes it contested normally. If you agreed then you didn't have to file an answer and it would have went to default.
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Now I am confused. I keep getting the direction everywhere that I should file an Answer, even if it is to simply state I agree with everything, to show the court that this is uncontested and the two parties are working through things amicably. Defaulting will show I don't care and should just award everything to my wife.
stealth2
Under the Radar Member
And again - You have caused the lawyer to do work. SOMEONE will have to pay him. Or... do you work for free?
Stealth2, are you a lawyer or married to one? You are defending lawyers quite vehemently. The situation here is that the lawyer is getting paid through my wife's legal plan, which covers uncontested divorces. After I mailed the lawyer my Answer (which I prepared, NOT the lawyer) with addendums, the lawyer wants to charge my wife the big fee since the plan doesn't cover contested divorces. So tell me how the lawyer did more work? There was no additional paperwork to prepare or additional advice given. All the lawyer did was get my Answer in the mail. If I mail the lawyer my revised Answer (again, I will prepare, NOT the lawyer), the lawyer can just charge the plan again. So please stop suggesting people are trying to stiff lawyers. They will get paid one way or another.
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Yes, I don't get it. Which is why I am seeking advice in this forum. I have been consistently clear that the intention is a uncontested divorce and I am preparing my own Answer, that my wife has the lawyer. At no point did anybody say that by filing an Answer myself, the divorce suddenly becomes contested. I have asked for my wife's lawyer to prepare my Answer, but the lawyer said the legal plan doesn't pay her enough to do and for me to do file it myself as long as I agree to everything. If what you say is true, that any kind of Answer makes it contested, then it sounds to me the lawyer was playing games and directing us into a contested divorce to get more money.