Legal Question in Family Law in New York

Going through a divorce

I have been going through a divorce for about 10 months now. Back in july of 2001 my ex and i signed the stipulation of settlement. It was submitted to the courts in august. Here it is jan 2002 and i am still waiting for everything to be final. I feel like i am getting the run a round from my attorney since he got paid all is money. In the agreement i got full custody of my two children and the house. I have been trying for months to get the deed out my my ex husbands name but i can't seem to get anywhere with my lawyer. He never returns my calls either. I want to take out a second mortgage but i can't as long as my ex's name is still on the house. What can i do and is it normal to have to wait 6 months for the papers to go throught the court on an uncontested divorce? Also, my ex has been bragging the past couple of months about a second job he got making $500 extra a week. He said some is on the books and some is off. How can i find out if it is true and if he really is making more is there anyway i can get more support from him even though the divorce is not final yet?


Asked on 1/02/02, 8:57 pm

2 Answers from Attorneys
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Going through a divorce

You have the absolute right to change attorneys and, form what you have stated, you certainly should do so immediately. Your attorney has an ethical obligation in NY to respond to you promptly and you have the right to know the status of your case. The Courts in different counties do have different response times for finalizing documents. Some Courts do so in as little as two to four weeks, and others do take months. You should consult with another attorney in your county to determine what the standard is. You should also ask that attorney to advise you on the procedure for reviewing child support based upon the additional income that may be available.

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Answered on 1/06/02, 9:22 am
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Going through a divorce

If your attorney is not being responsive, you need to communicate this to him or her in writing. Unfortunately, not all attorneys are sensitive to the needs of their clients. If it is really bad, your retainer agreement should have a clause which allows you to fire your attorney.

You should be able to find out what is actually happening through discovery.

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Answered on 1/03/02, 9:15 am


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