Am I legally obligated to tell my ex that I am seeking legal action? 30 Answers as of June 02, 2013

Am I legally obligated to tell my ex that I have sought legal advice or currently have a lawyer if asked?

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The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
No, you are not legally required to do so, but you and your attorney need to determine a strategy regarding the timing and manner of informing your ex if you decide to proceed.
Answer Applies to: Ohio
Replied: 11/7/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
No. You are required to inform the opposing party when a Motion is scheduled before the court.
Answer Applies to: Minnesota
Replied: 11/7/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
No. You're not required to tell your ex in advance that you are seeking or considering legal action. However, he will have to be served a copy of the materials once the case is filed.
Answer Applies to: Washington
Replied: 11/7/2011
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
There is no legal obligation, but there is an issue of honesty and integrity if the question is asked.
Answer Applies to: Georgia
Replied: 11/7/2011
Law Office of James Bordonaro
Law Office of James Bordonaro | James Albert Bordonaro
No. But why wouldn't you want to? If you have a lawyer it's easier to deflect criticism onto the attorney. That's part of what you're paying for.
Answer Applies to: Kansas
Replied: 11/7/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    There is no legal obligation to reveal thus information.
    Answer Applies to: California
    Replied: 11/7/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    You don't need to tell your ex that you've seen a lawyer until you file for divorce. Then it will be a matter of public record.
    Answer Applies to: Maryland
    Replied: 11/5/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    You ex is entitled to notice of any claim for divorce, custody, child support, etc. Until an action is filed, you do not have to tell her that you spoke to an attorney.
    Answer Applies to: Nevada
    Replied: 11/4/2011
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    Absolutely not, especially if you are concerned your spouse will take adverse actions against you, like hiding assets, emptying out bank accounts, transferring property all of which will be prohibited after the filing and before the divorce is finalized.
    Answer Applies to: Georgia
    Replied: 11/4/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    No. You aren't legally obligated to tell your ex anything unless you have children.
    Answer Applies to: Ohio
    Replied: 11/4/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Generally no but the way you asked implies that you hid facts from us that could change that answer.
    Answer Applies to: Georgia
    Replied: 11/4/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    You are not required to tell the other party in advance that you have sought legal advice or that you have hired counsel.
    Answer Applies to: Arizona
    Replied: 11/4/2011
    Law Offices of Steven A. Hemmat
    Law Offices of Steven A. Hemmat | Steven A. Hemmat
    No, you do not. However, should you file pleadings and you are represented by a lawyer your spouse will know you have consulted with an attorney.
    Answer Applies to: Washington
    Replied: 11/4/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    No, but to proceed with your "legal action" against him, he'll have to eventually find out because you're required to serve him with all your court documents.
    Answer Applies to: Washington
    Replied: 11/4/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    No.
    Answer Applies to: New Jersey
    Replied: 6/2/2013
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No you are not obligated to tell him anything. Of course, he'll find out when he is served with papers.
    Answer Applies to: Florida
    Replied: 11/4/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Generally you have no legal obligation to disclose to him or anyone else that you have consulted or hired an attorney about anything. However, depending on what you have hired an attorney to do, it may impossible for that lawyer to do anything for you with disclosing his existence.
    Answer Applies to: Colorado
    Replied: 11/4/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    No.
    Answer Applies to: New York
    Replied: 6/2/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    You do not have to inform your ex that you are seeking legal advice, but that said, neither should you lie to them if asked. It is completely your right to see legal advice about a divorce, but your ex may become suspicious if you tell them you do not wish to answer, as it a non-answer will probably make them suspect that the answer is "yes". They will probably think that if you were not seeking legal advice, you would have no reason to hide whether you were in fact seeking legal advice.
    Answer Applies to: New York
    Replied: 11/4/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    If you are represented by an attorney you should have your attorney inform your ex of same, and that he should now communicate with you through your attorney.
    Answer Applies to: Massachusetts
    Replied: 11/4/2011
    Mary Ann Aiello PC
    Mary Ann Aiello PC | Rebecca Szewczuk
    No you do not need to tell your ex that you are seeking legal action. If you are filing for a divorce, your ex will find out when they are served with a Summons. If you are filing for a modification of a divorce agreement or enforcement of an agreement, then your ex will find out when they are served with those papers. So the answer is no you are not under an obligation to tell your ex-spouse or significant other anything. However, whatever papers you file in court will need to be served upon your ex.
    Answer Applies to: New York
    Replied: 11/4/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No.
    Answer Applies to: Wisconsin
    Replied: 6/2/2013
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    No. If your marriage has broken down to the point that you are seeking to exit the marriage, you have no obligation to share your plans with your spouse. If you tell your spouse, there is a risk that he/she might raid or empty bank accounts.
    Answer Applies to: California
    Replied: 11/4/2011
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