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P

pelder

Junior Member
What is the name of your state (only U.S. law)? Colrado. My Father is getting divorced from his second wife of 40 years. The wife is the one wanting the divorce. My Father feels very guilty and wants to let her have everything. They are going to use the same Lawyer. There is property, retirement acounts, 401k's and savings involved. I just don't want to see my Father walk away with nothing but his pension. I have spoken to my Brother about hiring a Lawyer for my Father. My Brother feels that a Judge would insist on dividing everything 50/50, even if my Father wants to give away everything. Is this true?
 


LdiJ

LdiJ

Senior Member
pelder said:
What is the name of your state (only U.S. law)? Colrado. My Father is getting divorced from his second wife of 40 years. The wife is the one wanting the divorce. My Father feels very guilty and wants to let her have everything. They are going to use the same Lawyer. There is property, retirement acounts, 401k's and savings involved. I just don't want to see my Father walk away with nothing but his pension. I have spoken to my Brother about hiring a Lawyer for my Father. My Brother feels that a Judge would insist on dividing everything 50/50, even if my Father wants to give away everything. Is this true?
Click to expand...
Its true that if the parties didn't agree and a judge had to decide that assets would likely be divided 50/50.

However if a single attorney submits an agreement between the parties that gives one of the parties virtually everything, odds are that a judge will sign off on that agreement.

So, your brother is wrong. However that doesn't mean that either you or your brother could change the outcome of the divorce unless you could convince your father to hire his own attorney AND listen to his own attorney.
 
TheGeekess

TheGeekess

Keeper of the Kraken
My first husband and I used the same attorney for our divorce. However, the attorney explained to me very carefully that he did not represent me, he represented my husband in the case and would work in his best interests, not mine.
 
M

mistoffolees

Senior Member
pelder said:
What is the name of your state (only U.S. law)? Colrado. My Father is getting divorced from his second wife of 40 years. The wife is the one wanting the divorce. My Father feels very guilty and wants to let her have everything. They are going to use the same Lawyer. There is property, retirement acounts, 401k's and savings involved. I just don't want to see my Father walk away with nothing but his pension. I have spoken to my Brother about hiring a Lawyer for my Father. My Brother feels that a Judge would insist on dividing everything 50/50, even if my Father wants to give away everything. Is this true?
Click to expand...
Your brother is wrong. AT MOST, a judge can question a very one sided division and suggest to your father that he get an attorney and possibly postpone finalization until then, but if your father refuses, the judge will probably (not necessarily, but probably) approve it.

HOWEVER, an attorney can only represent one person in a transaction. Your father should have his own attorney. He may be OK with giving everything away now, but in 10 years or so when he wants to retire and finds that he has to spend 40 hours a week working at Walmart, he may not be so generous. By then it will be too late.
 
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