Who can I talk to during my divorce?

Now that you’ve filed for divorce, or you’ve been served, what are the rules for who can talk to each other? Who will the court contact?

  • Neither party has an attorney (Self-represented or In Pro Per)
    • You and your soon to be ex-spouse will communicate directly with each other wherever is it needed. The court will contact each of you directly about any issues or to provide information.
  • One party has an attorney
    • The parties are always allowed to talk to each other (unless there is a restraining order, discussed below). The party without an attorney and the attorney can communicate directly with each other. The court will contact the attorney for the party with an attorney, but will still contact the self-represented party.
  • Both parties have an attorney
    • The parties are always allowed to talk to each other (unless there is a restraining order, discussed below). An attorney is not allowed to directly contact a party represented by an attorney unless the attorney has given permission. The attorneys will communicate with each other and the court will contact the attorneys.
  • One or both parties has a limited scope representation attorney
    • Where one party has a limited scope representation, the attorney and the self-represented person or the other attorney will communicate on issues within the scope. For all other issues, the parties communicate directly or the full scope attorney will communicate directly with a self-represented party. For example, if you hire a limited scope attorney to help you with child support but not child custody, for issues relating to child support, your attorney will handle communications. For child custody, you will handle the communications.
  • Restraining Orders
    • Where there is a restraining order, it may not be permissible for the parties to communicate with each other. If there is a restraining order in your case, be sure to read it carefully and follow all the orders it makes. If you have questions, contact an attorney or the court for help.

Have questions about who you should be talking to or who should be talking to you during your divorce? Talk to us! Call or email us at Romanovska Law.

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