Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #154:
My husband retained a lawyer to create a “Boilerplate” settlement agreement which he handed me on 4/1/08(April Fool’s Day) in NY.
I still haven’t received any correspondence from his lawyer and have no idea how to send back any changes to the agreement. It has many errors in procedure and even states that Child support doesn’t start till 2 years after the agreement is signed.
I have consulted several legal sources and they advise that I send a letter asking that my husband negotiate a different agreement since the one already written has someone else’s decisions and desires for a settlement. My husband says it is a starting point and wants the agreement to go back and forth with any changes. I feel it is a SUPREME waste of time and Lawyer fees.
What do you think??

I was also checking the Supreme Civil calendar and found the woman my husband has been cheating with. She filed for Divorce before Valentine’s Day 2008 and is using the same law firm that my husband retained.
Is that ethical for the same firm to represent both of them in their Divorces??
Can I make a complaint about the firm??

I look forward to your response.


Answer:


You are absolutely right. First discuss the main issues and
Come to an understanding. Then draft the relevant provisions.
Do not consent to a boilerplate agreement. The decisions you make
Will affect your future and are too important to try to squeeze
Into a form.
You need separate legal counsel. This is too important a matter to leave to self help.

I strongly suggest that you consider mediating your divorce.
If you are living in the NYC metro area, please call me at 212-370-1660 to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions
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