US Legal Forms
Legal Resources
Questions & Answers
Courts
Can my ex-spouse hire an attorney that I have already consulted with about the issue?

Can my ex-spouse hire an attorney that I have already consulted with about the issue?

Full question:

If I spoke with an attorney and explained that my son in the Military wanted a divorce and after talking to her intake person we did not utilize this attorney but the respondent did as her father does plumbing work for said attorney and she entered her appearance? Is this legal as the Petitioner's mother has already discussed case and monies. Can she be disqualified?

Category: Courts
Subcategory: Attorneys
Date: 04/07/2025
State: New Mexico

Answer:

Although it is usually against state ethical codes for an attorney to represent both spouses in a divorce, a consultation with an opposing spouse generally isn't prohibited.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a power of attorney for a military family?

A power of attorney (POA) for a military family allows one spouse to make legal decisions on behalf of the other, especially during deployments or extended absences. This can include managing finances, handling real estate transactions, or making medical decisions. The military often provides specific forms for POA to ensure they meet legal requirements and are recognized by institutions. It's important for military families to have a POA in place to ensure that necessary decisions can be made without delay. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is spousal abandonment in the military?

Spousal abandonment in the military occurs when one spouse leaves the other without consent or intention to return, often during deployment or military assignments. This can affect divorce proceedings, as abandonment may influence issues like alimony or custody. However, the military has specific regulations regarding service members' rights and responsibilities, which can complicate abandonment claims. It's essential for military families to understand their rights and options in such situations. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How long does a spouse have to be gone to be considered abandonment?

The duration required for a spouse to be considered abandoned can vary by state law. Generally, abandonment may be claimed if one spouse has left without consent for a significant period, often six months to one year. In military cases, the absence due to deployment or assignment may not qualify as abandonment. Each situation is unique, so it's advisable to consult a legal professional to understand specific circumstances and state laws regarding abandonment. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is considered spouse abandonment in the military?

Spouse abandonment in the military is typically defined as one spouse leaving the other without consent or intention to return, especially during deployment or military service. This can include leaving the marital home or failing to provide support. However, military regulations recognize that deployments can complicate these situations, and absence due to duty may not constitute abandonment. Legal advice is recommended to navigate these complex issues. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Do military members have to pay alimony?

Yes, military members can be required to pay alimony, just like civilians. Alimony, or spousal support, is determined based on various factors, including the length of the marriage, the financial needs of the receiving spouse, and the paying spouse's ability to pay. Military retirement benefits may also be considered in alimony calculations. Each case is unique, and it's advisable to consult with a legal professional familiar with military divorce laws. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What are examples of spousal abandonment?

Examples of spousal abandonment include one spouse leaving the marital home without consent, failing to communicate for an extended period, or not providing financial support. In military contexts, if a service member is deployed and their spouse does not maintain contact or support, it may also be viewed as abandonment. However, absence due to military duty typically does not constitute abandonment. Each case should be evaluated based on specific circumstances and state laws. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*