Am I Allowed To Talk To My Wife About How To Resolve Our Divorce Case?

The short answer is, it depends.

If there is a court order in place that states that you are not to have contact with your wife (e.g., Domestic Violence Injunction), then you must obey that order so as not to violate that judgment.

However, if there is no order in place, then talking to your wife is encouraged.

One of the best ways to take back control of the whole situation is to discuss everything with your wife.  No one knows your life better than the both of you, so if you can come to terms with her, you can expedite the divorce process exponentially.

But, this sort of encouragement comes with a few words of warning.

There are a few things that you need to watch out for and keep in mind when doing this.

  1. First, talking is ok, but do not try to draft your own contract and sign it. Major mistakes can occur with lasting consequences.
  2. Another thing to consider is that sometimes opposing parties get overly proactive and have their lawyer draft up proposals, then hurry up and present same to you.  Draft proposals go back and forth between parties all the time.  Just make sure that your lawyer sees anything you are presented with prior to you signing anything.  This note correlates directly with proper communication as well.
  3. Keep in mind, that if your wife has a lawyer, you should not be trying to reach out to the other lawyer if you are also represented.
  4. If you are Pro Se, you are to do as you choose; however as a represented party, communication you have for the other side must go through the attorneys’ offices.  This is different than you talking to your wife, where you are not trying to communicate with the other lawyer.

With all this said, if you and your wife have come to an understanding, reach out to your lawyer right away to determine the next best steps to take in order to formalize that understanding into a memorialized written agreement.

If you or someone you know requires advice on a Lee County, Florida divorce or custody matter, contact Men’s Rights Law Firm for a consultation at 239-829-0166.