My ex and I were only separated for 5 months when the neutral lawyer we used to settle our signing of the divorce suggested, along with my ex’s promise to let me see my girls more, if we said we had been separated for a year and thus could make our divorce final and I agreed. Is this reason enough to have the divorce dropped and the papers redone? I know I made a mistake but since the divorce, my girls have seen me far less than what the visitation order says.
No attorney can represent both spouses in a domestic issue in this state, nor can you agree to perjure yourselves in order to speed up a divorce. The divorce can be challenged and you/and or your spouse could face perjury charges based on the incorrect information in the divorce complaint/and a answer/counterclaim.
As for custody, you may file an action with the courts for an original determination of custody at any time.
What can happen to both parties under perjury for speeding up a divorce by changing the separation date from the original agreement? The attorney said noone checks this so we could do it. Can one attorney represent both parties in a divorce order even though he is a real estate attorney? He told me this was the best deal i could get, but when I look in the papers that I signed (keep in mind I signed the last page only) he has a page that said I was told to confer with an attorney, and I know that page was not in the original. Is it not common for both parties to initial each page to keep this from happening. We did not. I paid him for the separation agreement and this page is not in there, but my ex paid for the divorce agreement and it was added.
I am not sure what the DA’s office would do, or even if the perjury would be prosecuted. Whoever this attorney was should be reported to the bar for advising you to commit perjury. Further, the rules of ethics do not allow for an attorney to represent both parties in a domestic case, even if that is not their area of practice.