Legal Question in Family Law in California

attorney's obligations to timely divorce

I started a divorce 2 years ago. My husband and I sat in my attorney's office and wrote up an agreement for the divorce.

I signed my part, he has not signed his part. I have contacted my attorney several times throughout the 2 years.

My attorney has not contacted my husband AT ALL about not signing. Isnt my attorney obligated some how to try and finish what she started?

I really want this divorce, can my husband hold things up for 2 years? He is still refusing to sign!!!

HELP. What should I do?


Asked on 5/15/03, 11:51 am

4 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: attorney's obligations to timely divorce

Two years is way too long to wait. Sounds like you need to replace your attorney!

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 5/15/03, 11:57 am
Morgan Holland Law Office of R. Morgan Holland

Re: attorney's obligations to timely divorce

Two years is a long time to wait. If you and your attorney had orginally intended to handle this as an 'agreed to' matter then your plan is probably going to have to change. If you had proceeded unilaterally without your husband's cooperation through the courts, your divorce could have been complete in as little as 6-7 months.

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Answered on 5/15/03, 12:30 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: attorney's obligations to timely divorce

from the facts given so far, this delay is highly unreasonable under the circumstances!

there is alot that can be done to expedite this matter fairly swiftly for your own peace of mind. if you would like further legal assistance in this matter, please email me directly today with more details on your situation, especially in respect to what type of agreement you are waiting for your ex to sign, as well as why he is "stalling" in your opinion if he has agreed to the terms of the agreement, and if you are looking to replace your existing attorney. thanks for your question, and we look forward to helping you any way we can and as swiftly as possible in this matter. 2 years is entirely too long.

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Answered on 5/15/03, 1:13 pm
Matthew Kremer Law Offices of Matthew M. Kremer

Re: attorney's obligations to timely divorce

To be a bit more specific than the other responses:

1. Retain new counsel.

2. If you filed the petition and it was served and no Response was filed, take his default.

3. If he filed the Response, file an At Issue Memorandum for a short cause trial and get it over with.

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Answered on 5/15/03, 1:36 pm


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