solicitors

[oasisofcalm]

Hi Ladies,

Have just made an appointment with a solicitor in order to begin divorce proceedings against H. Does anyone know if it is possible for both spouses to be represented by different solicitors from the same firm/practice?

Ta muchly x

no, there would be a conflict but in respect of the divorce proceedings the person who is the respondent doesnt necessarily need a solicitor as he/she will only have a form to complete and return to the court. its only when dealing with finances that its recommended you both have solicitors, even then if its all agreed the petitioner's solicitor can send the paperwork to the respondent to sign although will not be able to give advice upon it.

obviously if finances are not straight forward or not agreed then get solicitors each. your could agree to both contribute the costs

Countydurhamlass is right, conflict of interests.

The person being served the petition doesn't need a solicitor although mine did and I think it's worth it so everyone is clear.

Depending on circumstances the person being served can also claim back some costs (although i have to confess I can not remember specifically what costs they were).

Thank you both very much for your help.
However it would appear that my H has already begun the process for me, but since he is threatening to take our 18 month old daughter away from me if I dont sign the damn thing, I dont think I'll be signing anything until I can get my solicitor to take a butchers at it- I will not allow myself to be intimidated by mindless threats.

Incidentally, am I right in thinking that if the firm that is representing me (large city practice) had already agreed to represent my husband, that they would refuse to even see me?
And also, would it be possible as he is alleging for him to see a solicitor and get me served with papers within a week?

Many thanks for your help ladies

solicitors should carry out a conflict check before each initial appointment, if they open a file for one person and its in respect of the same thing then they cannot act for the other as they hold information that causes a conflict. if he had general advice and a file not open then there will probably be no record of him seeing them, there would only be a conflict then if you saw exactly the same solicitor as him. divorce papers are prepared, he signs and they get sent to the court, the court process them and send them in the post first class. its highly unlikely you would get them in a week of him signing them but is possible.

in respect of your daughter he would have to have a very damn good reason to have your dd, ie you were abusing her.

if you are the main primary carer from birth, are no threat to dd and she is safe, happy and thriving in you care then no court would remove her.

sounds to me that he is being very aggressive to bully you into something. stand your ground until you see a solicitor, chances are he is worried you get more out of it than him cos chances are the person with care of children always does !