I currently filed for divorce, my ex husband and I both paid in full 500.00 for no fault. My fiance had this same lawyer represent him in a criminal case, and has an outstanding balance. They had me listed as a guarantor when his case was going on, but then removed me because of conflict of interest. When he was found not guilty, they automatically put me back on as a garantor. We were making payments faithfully until the birth our daughter and I was on maternity leave, and only living on my fiances income which was less than mine. We have fallen on hard times, and have been making payments when we can. Now his attorney (which is same for my divorce) will not finalize the divorce until we make good on our bill. When he has told me numerous times, that they are two seperate cases. He told me that he is holding this as leverage, if I want my divorce, I need to pay. I wish I could. Im not intentionally not paying him. My two kids need a home, clothes, food to survive, and my pay only goes so far. He basically told me that I cannot tell you how to raise the money, but you need to go out and raise the money. I feel as if Im starting to get harassed, he has told me he will sue me, my fiance, and his mother. He told me to ask his mom for money, and I told him her house just got foreclosed on. I told him Im working on getting money to him, that Im trying. I dont see how he can withold from something that is paid in full over a year and half ago on a divorce that involves me and my ex. PLEASE HELP!
1 Answer from Attorneys
If they are 2 separate cases his words. then not paying for one is not grounds for failing to file the paperwork to complete the divorce. Most lawyers don't sue their clients. Clients have a nasty habit of counter suing for malpractice. Which will displease his malpractice carrier no end. He's also risking that you might file a disciplinary complaint against him. I might understand his position if you were totally stiffing him but you say you aren't Personally I think he's on really shaky ground here.
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