Who draws up the papers?

[slna111]

I may be in a unique situation. My husband and I are divorcing amicably. (in Oregon.) We have discussed and agreed on a division settlement we both think is fair. We both hate the thought of handing over any more than necessary of our money to legal fees and attorneys. And above all, we wish to remain on friendly terms with each other.

Neither one of us feels confident enough to handle the legal paperwork ourselves without having a professional look at it first. My question is: can we jointly hire a legal professional to draw up the papers for what we've already decided? Is that possible? If not an attorney, who else might be qualified to draw up the papers and serve as an unbiased advisor to point out things we may have overloooked? From what I understand, a mediator helps resolve conflicts… but we've already resolved those.

I'm ready to proceed, but unsure how to start or whom to trust.

 

[Farfalla]

From what you wrote it sounds like you have no children together. Is this correct?

It's usually best for each of you to have your own attorney so that each of you has someone who is looking out for your rights. Many attornies will not accept clients in which they represent both husband and wife. If you two have truely come up with an amiable agreement on how to separate your assets and debts, than a divorce should not cost you much at all....even with two attornies.

Why not interview a few attornies, many give free half hour to one hour consultation. Take a typed up verision of the agreement you both have arrived at and ask the attorney to give you feed back on the agreement... did you leave anything out? Do they see anything that is not equitable to both of you?... and ask what they would charge to do the divorce papers and file them. Your spouse can than hire an attorney to review the papers and to give them the once over before signing them.

 

[Ohiogal]

From what you wrote it sounds like you have no children together. Is this correct?

It's usually best for each of you to have your own attorney so that each of you has someone who is looking out for your rights. Many attornies will not accept clients in which they represent both husband and wife. If you two have truely come up with an amiable agreement on how to separate your assets and debts, than a divorce should not cost you much at all....even with two attornies.

Why not interview a few attornies, many give free half hour to one hour consultation. Take a typed up verision of the agreement you both have arrived at and ask the attorney to give you feed back on the agreement... did you leave anything out? Do they see anything that is not equitable to both of you?... and ask what they would charge to do the divorce papers and file them. Your spouse can than hire an attorney to review the papers and to give them the once over before signing them.

OP does not need two attorneys. She needs one however that attorney will only represent one of the parties and not the other. They do NOT each need an attorney. And while she can interview attorneys if she does it too much, she may find herself not being represented at all.

 

[LdiJ]

OP does not need two attorneys. She needs one however that attorney will only represent one of the parties and not the other. They do NOT each need an attorney. And while she can interview attorneys if she does it too much, she may find herself not being represented at all.

I am going to disagree with that. They can go with one attorney, but because that attorney can only represent one of them, and may encourage them to make unnecessary changes in their agreement (to the benefit of the party the attorney represents), its best if they each have their own attorney look over it.

However the party who goes to the second attorney may not need to retain one. They may just need to pay for an hour of the attorney's time, to look over the paperwork and point out any potential problems or inequities.

 

[Ohiogal]

I am going to disagree with that. They can go with one attorney, but because that attorney can only represent one of them, and may encourage them to make unnecessary changes in their agreement (to the benefit of the party the attorney represents), its best if they each have their own attorney look over it.

However the party who goes to the second attorney may not need to retain one. They may just need to pay for an hour of the attorney's time, to look over the paperwork and point out any potential problems or inequities.

Two attorneys are NOT necessary. It would be wise (and I probably should have added that) however they are NOT necessary.