skier1979 Posted August 15, 2014 Posted August 15, 2014 Anyone have any advice for me? We agreed to all terms of the divorce and used just one attorney - I paid for half of it. We signed he papers and had them notarized and I paid the final filing fee but since it was "his" attorney she will not file until he gives the go ahead. What can I do?
d0nnivain Posted August 15, 2014 Posted August 15, 2014 Never use one attorney. Recognize that you wasted the money you paid this lawyer. Get your own lawyer. File yourself & ask that new lawyer whether you should report the 1st lawyer to the bar associations ethics committee. Have your new lawyer file a motion to disqualify the other lawyer from representing your stbexh
Author skier1979 Posted August 15, 2014 Author Posted August 15, 2014 The attorney sold herself to me as a mediator. Since we both agreed to what was in the decree I didn't think we would have problems. The problem was initially that my ex didn't fully pay the attorney so I did so that she could file. Now that I paid the full amount it's still not filed and the attorney seems to allude that it is up to my ex...
carhill Posted August 15, 2014 Posted August 15, 2014 Yep, pretty much. Expensive lesson at divorce U. One thing to check, since everything is signed and notarized, *if* you still have the documents. The clerk of the court doesn't care who files the paperwork, just that it conforms to court guidelines for content and filing. In our case, our last act as a married couple was to file the correct, signed and notarized documents with the clerk of the court ourselves. We had to file two copies of the required documents since we requested judgment by mail and had to provide two self-addressed, postage-paid legal sized envelopes with our respective addresses. Good luck!
d0nnivain Posted August 15, 2014 Posted August 15, 2014 The attorney sold herself to me as a mediator. Since we both agreed to what was in the decree I didn't think we would have problems. The problem was initially that my ex didn't fully pay the attorney so I did so that she could file. Now that I paid the full amount it's still not filed and the attorney seems to allude that it is up to my ex... If this lawyer was a mediator, all you did was hammer out a property settlement agreement. That is not a complaint for divorce. The mediator can't file a complaint because the mediator was neutral & filing is adversarial. Hire a lawyer who only represents you. Once you do so, get that person to get the signed PSA from the mediator.
Author skier1979 Posted August 15, 2014 Author Posted August 15, 2014 So basically this attorney can take all of our money and the signed documents and sit on them and there is nothing I can do? I have to check to see how many copies of the documents I have that are signed and maybe file them myself? This seems rather illegal since she gladly accepted money for her fee and a final filing fee...
carhill Posted August 15, 2014 Posted August 15, 2014 OP, if you indeed have a completed and conforming PSA/MSA and no filed divorce case to attach it to, check with the court's family law division to see if self-help is available. At our court, it was free and they provided very comprehensive help on procedure (no legal advice!) and filed documents through the back door to the clerk rather than us waiting in line at the front door. In our case, they also had resources for mediation which turned out to be very advantageous. IMO, figure out where you're at, get with the court and see what can be done. I'm stating this because this D apparently has been amicable so far, to the extent you and H signed a PSA/MSA. Perhaps it can be salvaged for minimal cost. Your court can help. Give them a shot first before retaining another lawyer.
Author skier1979 Posted August 15, 2014 Author Posted August 15, 2014 We have a divorce proceeding started with the court that I initiated. The response was done by his attorney. I didn't agree with the terms so she redrafted something that we could both agree to. The ex was suppose to pay her but only paid half so I kicked in the other half to get it filed. Now the attorney is saying that perhaps my ex doesn't want it filed and there is nothing I can do about it. The ex likes to play control games.
d0nnivain Posted August 15, 2014 Posted August 15, 2014 Get your own lawyer! Doing it yourself is a BAD idea -- penny wise & pound foolish.
carhill Posted August 15, 2014 Posted August 15, 2014 IMO, that assumes facts not in evidence. We settled nearly .75MM worth of property ourselves and with the help of the court. It depends. You work in the legal community and are certainly entitled to your opinion, but that doesn't make it fact or controlling, though your tone certainly could be construed as controlling and is typical of the lawyers I interface with in business. How about being accepting of a wide range of opinions. That's what open discussion is for. Don't denigrate others for their opinions. That's poor form and unbecoming of an intelligent person.
Author skier1979 Posted August 15, 2014 Author Posted August 15, 2014 Is there anything I can do about how this attorney handled this matter. She should not have taken my checks and cashed them if she wasn't going to actually file the divorce documents. This just seems wrong especially if the document is signed and notarized by her and one party clearly wants this divorce finished.
Zeurich Posted August 15, 2014 Posted August 15, 2014 Exactly what my ex did to me. At the end I paid for double lawyers. Girlie lawyers are very good at taking money. you have send a letter through another lawyer to this special His mediator woman, with asking money back if she does not file the case. That is what I did but I am not sure how it works where you live... ooooh I feel your stress already... sorry girl.
Author skier1979 Posted August 15, 2014 Author Posted August 15, 2014 Basically starting all over again! The clincher is that financially it is in HIS best interest to get this filed not MINE! I just want to be able to move on with my life & this is his last way of controlling me. This attorney should be reported. She tried to pressure me into mediation so many times. I refused. I filed myself and then she acted as his attorney. What she finally drew up I could live with if just to get it over with and now this BS. Take my money and make me pay more money to get it taken care of. How do these people operate.
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