Can the law firm that my mother-in-law works for as a paralegal doour divorce?

UPDATED: Mar 6, 2012

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Can the law firm that my mother-in-law works for as a paralegal doour divorce?

My husband and I are going through a divorce. His mother is a paralegal for a family law firm and is doing the paperwork. He is asking for the house, the boat, plus $10,000 of my 401 K. He has a 401 k that has $4000 in it. He doesn’t keep a job for long periods of time and cashes in his 401 k when he changes jobs. He is telling me that the only assets are my 401K and my vehicle. he has had 4 vehicles since I have had mine. Does this seem right? And also, if I decide to get an attorney, can I ask that another law firm represent him since his mom works there?

Asked on March 6, 2012 under Family Law, Texas


Hong Shen / Roberts Law Group

Answered 10 years ago | Contributor

I don't see why necessarily there is a conflict of interest issue involved when he is being divorced and his mother worked there as a paralegal. Whether the asset divioson reasonable depends on a lot of things. Texas, being a community property state, demands equal separation of community property. Without knowing the actual characteristics of the properties it cannot be said one way or the other that the division is right or wrong. But your instinct is correct that you should get an attorney representation.

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