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December 21, 2017 2:39 pm  #1


Choosing an attorney

I'm sorry to be a pain by keep posting, but was wondering if anyone has had this issue.
My GID husband and I are small business owners. I can't just ask anyone for recommendations on finding a lawyer. With so many out there, how do I know who is going to have my best interest at heart? Given the situation, do I go for a woman or man? 


“And once the storm is over, you won’t remember how you made it through, how you managed to survive. You won’t even be sure, whether the storm is really over. But one thing is certain, when you come out of the storm, you won’t be the same person who walked in. That’s what this storm’s all about.” ~ Haruki Murakami ~
 
 

December 21, 2017 6:57 pm  #2


Re: Choosing an attorney

I'm not sure that part matters except as it pertains to your comfort level to tell the lawyer 'everything'. They need to know it all in case it's relevant. Your lawyer is there to look out for your interests and it's very much a business like transaction. Find someone in a firm that has a lot of experience with family law in your jurisdiction but also with the aspects of shared assets like a business. Often you can get free consultations before agreeing to anything. You want someone who knows when to be a 'bulldog' and when to offer a good trade-off. They are your 'clear-head' when things get confusing or when facing pressure or attempts to stall. The lawyer is not your friend but they are your ally. They may have sympathy for the root cause of the marital breakdown but the focus is on an equitable split and long term protection of your interests and those of any children the couple may have parental duties for.

I've also heard it said that anyone you have a consultation with, they are now duty-bound to not represent your spouse because they have privileged information from you. You can get multiple free consultations and use this to cherry-pick the person you want representing you and simultaneously narrow his options for representation. In other words, you get the best and leave him with the 2nd string candidates. Hope this helps.


“The future is unwritten.”
― Joe Strummer
 

December 22, 2017 11:37 am  #3


Re: Choosing an attorney

Roo,

A lawyer will ask not only your spouses name  but the name of the girlfriend/boyfriend.  as to make sure they there is no conflict of interest.    
I think you should find a lawyer that specializes in familiy/divorce law.... they should be familiar with what to do with a shared business.. my own feelings...if the business was acquired during the marriage it is a shared marital asset. ..but I dont know anything about law ...it may be the opposite ..owned outside of the marriage and have nothing to do with it.      But I can say my GXs lawyer did not come across as being real familiar with divorce and current divorce laws in my state and mine was super familiar and was not afraid.
I looked for a lawyer that was empathetic and gave me time...someone that did not seem dis-interested in my plight as just another divorce.     

Visit several and take them up on their free consultation..notice which ones rush you out and which ones seem current and familiar with divorce specifically.    I do not think you want a business property attorney handling a divorce.   

Slow and steady..   remember when you are visiting them  it is pomp and circumstance.   Our spouses caused this long ago.    You are merely doing what needs to be done...same as visiting a doctor or calling a plumber.  


"For we walk by faith, not by sight .."  2Corinthians 5:7
 

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