Intellectual Property Law

Divorce queston involving lawyers and the final decree?

2 lawyers, I petitioned. Getting towards end, what's going on with the paperwork? Called my lawyers office numerous times about paperwork that was suppose to be emailed or faxed over from the opposing side (husbands). My lawyer has said never received from opposing lawyer for approval of documents for finalization of divorce. This has gone on for weeks. Opposing lawyer has said sent paperwork numerous times, and I, to the point of frustration got a hold of the paperwork to be looked over by my lawyer and FAXED it myself, to no avail. Not to mention that the files of that information was sent from my email address about a month ago as well to my lawyer. I just want this divorce over with. What is going on? I am on speaking terms with my husband (soon to be ex), and he thinks it is my lawyers fault and that he is being hesitant. Is there something I should know? Tried calling my lawyer and only spoke to the secretary who said this happens alot (paperwork not sent by opposing lawyer). What difference is it whether I faxed and emailed it to him or his attorney?

Public Comments

1. As someone who went through a divorce, let me tell you, it can take time. Be patient, as both sides need to go through everything again, with a fine tooth comb to make sure nothing important was missed. This is for your benefit, so you just have to hang in there and let them do their jobs. Do not bug them, that is a common mistake I made and drives lawyers nuts. If you suspect something wasn't done, or people didn't get it, its possible the para legals have it, and can't do anything with it, until the lawyers give them the ok to do so. You may have run into a discovery issue you knew nothing about, or an asset that is under question, alimony issue, ect. Let the lawyer deal with it. The more you push, the longer it takes. Just be patient.
2. In agreement with Cruise. Unfortunately, you just have to sit back and wait. It does not make a difference if whether you or your husband's attorney's office sent it to him. As long as you confirm it was received then leave the rest to your attorney's office. I can tell you from personal experience when my ex and I divorced it took over a year and it wasn't even a contested divorce! Presently I am in the midst of suing my former employer and this has been going on for over a year. We still haven't even been able to sit down for a mediation, because their attorney's keep making excuses. My mother was in a car accident this past May. I spoke with her attorney several times and he said everything had been settled with AllState and he was waiting for medical documents from my mothers doc's office. Well, I know by fact they sent it over two months ago AND still waiting on the settlement. Unfortunately, this is just how the process is regardless if it is a divorce, etc.... We're on there time.
3. i am married to an attorney who has been practicing for over 30 years. you need to call your lawyers office and set up an appointment to discuss; take a notepad with you and write down what he says. calling does no good; most attorneys are swamped and leave all phone calls to the secretary to handle; there could be numerous issues not resolved even though both you and soon to be ex are in agreement. you hired an attorney to protect your interests in this divorce. if he does not do what he is legally suppose to do, he could be sued for malpractice. or, you can consult with a 2nd attorney to see if what he is doing is correct; if you believe you are not being represented correct with your current lawyer, fire him and get another attorney to represent you. don't call;;;;;;;;;make an appointment to get the facts. calling repeatedly does no good; there maybe nothing he can do due due to court dates, continuances or other things out of his control; make an appointment. my guess is that you think that by calling he wont charge you; but remember most attorneys charge by time; so even if they call you back and talk to you for 12 minutes, you may be charged for 20; they bill in either 8 or 10 minute increments; good luck