If you are considering divorce and feel concerned that it may be a high-conflict divorce, you may want to speak with a divorce
attorney without letting your spouse know. The reasons for this are varied: Perhaps you still live with your spouse and fear retaliation or abuse, or you yourself are unsure of how serious you are about pursuing a divorce. You may want to give yourself the upper hand in preparing for the divorce and serving the papers. Show
Regardless of the reason, it is perfectly legal to meet with a divorce attorney without telling your spouse. You can even file for divorce without telling your spouse – they do not have to know that you are considering divorce until they are served divorce papers. Here are a few things to keep in mind as you seek a confidential meeting with a divorce attorney. Speak with More than One AttorneyAlthough it may feel risky to meet with a divorce attorney without your spouse’s knowledge, you need an attorney who is going to represent your interests in a way that feels comfortable and secure. Even though every attorney-client relationship is legally protected, you may not be a good match with the first attorney you meet. Take time to find a firm that listens to your needs and is willing to advocate aggressively on your behalf. Meet in a safe, discrete manner Gone are the days when people had to meet in person or use a family phone line that anyone could answer. Today, there are several options for meeting and discussing your case in a confidential manner. When you set up a consultation with Botti Marinaccio, LTD, our helpful team can discuss the best way for you to meet – either by phone, in person, or over a video chat service such as Zoom. Consider an Order of ProtectionIf you are worried that your spouse may engage in further abuse if he or she finds out that you have spoken with an attorney, you can file for a court order of protection. An order of protection can be obtained immediately and may prohibit an abuser from living in the marital home or contacting you and your child. Contact a Cook County Divorce AttorneyIf you are considering leaving your marriage and anticipate a high-conflict divorce, contact a Burr Ridge divorce attorney with the law office of Botti Marinaccio, LTD. We specialize in outstanding client service and can meet your needs with privacy and discretion. Contact us today at 630-575-8585 for a confidential consultation. Source: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000 https://illinoisattorneygeneral.gov/women/ordersofprotection.html 630-575-85852015 Spring Road, Oak Brook, IL 60523It’s understandable that there’s some bitterness when a marriage doesn’t work out. This is especially true if one spouse wasn’t being honest with the other. But some divorces are more than just contentious. There are those extreme situations where a spouse is the victim of abuse, or one spouse needs to monitor every move the other spouse makes. For example, a spouse may monitor your emails, read you letters, and listen in while you’re on the phone. As invasive and rotten as these acts are, they can also make it difficult to communicate with your attorney. Your conversations with your lawyer must be free from interference so you can focus on your rights, your needs, your children, your safety, your finances, and your future.How to communicate with your lawyer when your spouse invades your privacyOne solution is to meet at your lawyer’s office. The lawyer only represents you and will forbid the other spouse from being present. This solution does protect your interests, but you can’t run to your lawyer’s office every time you have a question or have to respond to information your lawyer needs. Your lawyer can help in several ways:
If your or your child is a victim of abuse, you can petition for an order of protection. This will get your spouse out of the house, and leave him or her unable to contact you in any way – even via third-party, like asking their buddy to message you on Facebook or Twitter. There are some things you can do, too, to protect your own privacy:
At LaFevor & Slaughter, our Knoxville family lawyers understand that each divorce is different. While some divorces are resolved amicably, other divorces are very unfriendly because one spouse refuses to move forward. If you have any concerns or questions about any part of your divorce, our lawyers are ready with legal and practical solutions. Your right to communicate with us is absolute. To discuss your ability to communicate, how your spouse is driving you crazy, or any other concerns, call us at (865) 637-6258 or use our contact form to schedule an appointment. Patrick Slaughter is an experienced Knoxville attorney passionate about helping families resolve legal issues including divorce, family law matters and immigration. Patrick graduated from Lincoln Memorial University – Duncan School of Law, summa cum laude and is a published author. Patrick is a member of the Knoxville Bar Association as well as the Tennessee Bar Association. Contact Patrick Slaughter at (865) 637-6258 or by filling out a case evaluation below. Read more about Patrick Slaughter Can my spouse talk to my lawyer?No unless you give your permission. If you speak to a lawyer about your case your husband cannot later hire that lawyer to represent him in your divorce, custody or support matter. The reason being, you have likely communicated confidential information to the lawyer you spoke with.
Can you talk to your spouse during a divorce?Legally speaking, you can have any discussions you want with your soon-to-be ex-husband or ex-wife while your case is going forward unless there is an order of protection in place prohibiting contact between the two of you.
Can my lawyer talk to my ex?The Attorney Client Relationship
That is prohibited. An attorney may represent only one person in a family law case, such as a divorce or child custody case. Failure to do that is usually a conflict of interest. That means what is good for one person might be a bad thing for the other person.
Can my husband speak for me in court?“In all courts of the U.S. the parties may plead and conduct their own cases personally or by counsel .” Spouses can represent each other, but only when they get sued together. When they're both defendants, one spouse can show up and the other won't be defaulted. Parents cannot, however, represent their minor children.
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