Tag Archive for: hiring a divorce attorney

Why You May “Conflict Out” in Your Divorce Case

Divorce attorneys must be very careful to avoid conflicts of interest when representing clients. Unfortunately, angry spouses in a divorce case sometimes use this issue to their advantage, effectively barring their spouse from working with an attorney with whom they have already shared their side of the story. 

Learn why you may “conflict out” in a divorce case and how to proceed when your spouse uses this tactic against you. 

What Does It Mean To “Conflict Out?” 

“Conflicting out” is a tactic used to prevent a person from working with an attorney. When you call a divorce attorney’s office to inquire about hiring them, they will conduct a conflict check to ensure they have not had a conversation with your spouse. 

Sometimes, in heated divorces, one spouse will call every divorce attorney in the area and set up a consultation with them. Even your spouse speaking with an attorney briefly about your divorce can bar you from working with them. Suddenly, you cannot work with attorneys in your area due to a conflict of interest. 

Types of Conflicts That May Prevent You From Working With an Attorney 

Many conflicts of interest can lead to disqualification in legal cases. Attorneys take confidentiality obligations seriously as part of their prospective client rules. If there is any barrier to confidentiality in your case, they won’t work with you. 

Any of the following may also be a reason to conflict out:

  • Your children know the attorney’s children 
  • Your spouse has been divorced before, and this attorney represented them
  • Your attorney has a personal interest that interferes with their ability to represent you fairly
  • Your attorney is concerned about any other “materially adverse interests” 

Under an attorney’s rules of professional conduct, they will not accept any clients that may violate the confidential attorney-client relationship. This is why attorneys complete an initial conflict check process before you sign a retainer agreement.

What To Do If Your Spouse Has “Conflicted Out” Your Preferred Attorney 

If you are concerned that your soon-to-be-ex-spouse will attempt to conflict you out, explain why this would not be wise. Preventing you from seeking good legal counsel will only prolong your divorce case. If you both have access to strong attorneys, you can finalize the divorce faster and move on with your lives. 

But if your spouse has already used this tactic with an attorney you were interested in hiring, document their behavior. You won’t be able to work with your preferred attorney, but the attorney you end up with can use your spouse’s behavior to your advantage during the divorce. This may give you a leg up during the property division or child custody process. 

The attorney you were hoping to work with can recommend other divorce attorneys in your area.

Schedule a Consultation With Karen Ann Ulmer, P.C., Today 

Knowing why you may “conflict out” when hiring a divorce attorney can help you prepare for your spouse’s tactics. Contact Karen Ann Ulmer, P.C., today at (866) 349-4461 for help protecting your rights during the divorce. 

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Divorce Settlement Mistakes You Can Make Without an Attorney

Can you write your own divorce? Do you really need a divorce attorney? People hire attorneys because they need help with something they do not feel comfortable doing themselves. Most of those getting divorced should retain legal counsel to protect their rights. We provide advice and counsel to educate our clients and propose courses of action. 

Our attorneys want to prevent mistakes because that is one way we provide value to our clients. It is up to our clients, not us, to decide what direction to take, but if they follow our advice, they reduce the risk of making errors we want them to avoid. 

Most divorce cases settle. For nearly all parties getting divorced, litigation consumes too much time, energy, emotion, and money. The resolution to your divorce will probably be an agreement that will impact you for the rest of your life. It must be in your best interests as much as possible. 

What Divorce Settlement Mistakes Can I Make? 

  1. Do Not Just Settle 

Divorce can create a lot of stress and you may want to put it behind you. We can do that depending on the circumstances and how well the parties cooperate. But the assets you have, any children involved, and the cooperation of your spouse, will all impact how long it will take to reach an agreement. Your spouse may use your urgency against you and propose unreasonable terms hoping you will quickly agree. 

  1. Tax Implications Are Not Considered 

Not all assets are alike, and there are tax implications to the equitable distribution of property. Some assets may be taxed higher than others, impacting their value. If you do not know about tax issues, you may agree to a property settlement that, after taxes, is worth significantly less than what your spouse will receive.  

  1. You Want to Keep the Marital Home. Can You Afford It? 

If you own a house or condo, keeping it may be a goal for many reasons. You may see it as worth giving up your rights to other property to attain it. Is this goal reasonable? Create a post-divorce budget.  

  • What will your expenses and income be?  
  • Will you be able to refinance the mortgage? If so, what will your payments be? If not, what is your Plan B? 
  • Will you be able to pay the utilities, mortgage, insurance, and taxes?  
  • Will you be able to set aside money to pay for future repairs and maintenance? 

Everyone needs a home, but will this one make you so property-rich and cash-poor that you will be forced to sell it after your divorce? 

  1. Your Spouse May Hide Assets 

A complete inventory of the parties’ marital assets is the foundation of fair, equitable property distribution. Do not agree to a settlement if you believe your spouse is dishonest and may be hiding assets. If there are ways he or she may be siphoning off or mislabeling assets, we can get to the bottom of it so we can have clear, reliable information about the property the two of you own. 

Contact Karen Ann Ulmer, P.C., today if you are thinking about getting divorced and have questions or if you have decided it is right for you and need legal representation.  

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Why Pro Se Divorce Is a Bad Idea for Most People

“Pro se” is Latin meaning “for oneself.” In divorce, it means not retaining legal counsel for any step of the divorce process: filing the paperwork to serve the other spouse divorce papers; negotiating a settlement of all assets, financial support, and custody; and finally, filing the final papers in court, including the Marital Settlement Agreement.

Pro se can be tempting, especially when a divorce is uncontested and seems amicable. It saves a lot of money in attorney fees. However, in the long run, it may cost you. There are many important reasons to retain counsel from an experienced divorce lawyer from the onset.

The most important reason is simply that the law is extensive, confusing, and time-consuming. Lawyers spend many years learning and developing experience so they can navigate the courts, the paperwork, the arguments, the research, and the proper legal terminology to provide you with the very best outcome for you and your children. You don’t know many of the loopholes and exceptions that could work against you, or the additional opportunities that might work in your favor.  Not knowing these things could cost you a bundle.

Additionally, a divorce may start out amicably, but emotions often run high and disagreements emerge when trying to reach settlement. Then the process ceases to be so agreeable. Often, if one partner has a stronger personality than the other, he or she can pressure or bully the other person into giving more than is actually fair. Having legal counsel makes this less likely to occur. And if one spouse suddenly decides to bring in a lawyer after the process has begun, the other ought to do so as well.

Other important reasons to retain legal counsel:

  • There is a significant disparity of income (e.g., one spouse is a homemaker)
  • One spouse has retirement plans that the other spouse would like to share
  • Issues of fraud, abuse, addiction, or narcissism are involved or are suspected
  • Children are involved

Divorce is a difficult process by its very nature. It’s our job to try to make it as easy as possible for you. Talk to us to see how we can help you navigate the divorce process with minimal stress on you and with maximum results.


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