Can my x-husband against whom I filed for divorce pay for any part of my bill to my attorney without my permission and knowledge?

My x paid for my legal bill to my attorney without my knowledge and permission and then my attorney sent me the remainder of the bill balance ($500) to me, which has not been paid yet by me. What are the legal implications re my attorney for accepting pmnt and can the divorce agreement be null & void as a result. I found out about this after my relative disclosed to me that my x, while talking to her revealed what he did. Please advise what steps I should take at this point and thank you for any reply in this matter.

Asked on May 31, 2009 under Family Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is entirely possible that your divorce agreement is voidable -- not absolutely void.  It will be up to you to try and have it set aside, based on what your attorney did.  By accepting payment from your ex-husband, without your "informed consent," it appears that, based on the facts you have given, that your lawyer violated the ethics rules, specifically RPC 1.8(f)(1).  This alone would make a full review of your agreement and the file appropriate, to ensure that the agreemenit is fair -- or, if not, whether it is worth moving to have it vacated.

You do need a new lawyer here,  and one place to look for attorneys is our website,   http://attorneypages.com


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