QUESTION
After my husband signs the paper, can I just take the paper to the court myself and proceed with the filing without depending on the attorney?
Asked on Dec 03rd, 2012 on Divorce - California
More details to this question:
My husband and I are in the middle of filing for uncontested divorce. We have agreement written up and he has agreed to terms but would not send me the signed/notarized document back to me. (out of pure laziness I think). Is there a legal action I can take? I am also not happy with the way my attorney has handled our case. He is not responsive and took couple months just to write up an agreement and make minor modification.
9 ANSWERS
Steven D. Dunnings
Hire another attorney.
Answered on Apr 11th, 2013 at 1:27 PM
No. If he won't sign things,, you need to have a proof of service of the divorce papers filed with the court and then he will have 30 days within which to file a response. If he doesn't do that you can then proceed with a default and get your divorce. You have the absolute right to fire any profession with whom you are unhappy. In fact, it might be a wise idea to meet with a paralegal to see what can be done to move things along.
Answered on Dec 05th, 2012 at 9:53 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If the agreement is not signed by your husband, you don't have one. You would have to file for divorce, and hope he would agree when he comes to court. If not, the court will have to decide your case.
Answered on Dec 05th, 2012 at 9:02 PM
You will need to release the attorney from representing you. Proceeding pro se is an option, but you need to be prepared to meet all of the necessary requirements for your Decree and other related forms as well as appear to finalized the case.
Answered on Dec 05th, 2012 at 8:05 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If you are doing this yourself, the instructions with the divorce material should tell you what steps to take. The question is too broad to give you a good answer. I suggest you hire a lawyer.
Answered on Dec 05th, 2012 at 7:59 PM
If the Petition for dissolution of the marriage was filed or answered by your attorney, y he must file the papers or you must substitute him out of the case before you can file on your own behalf or hire another attorney to finish it.
Answered on Dec 05th, 2012 at 7:59 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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If he has not signed there is little you can do to enforce the settlement unless there is some sort of detrimental reliance, that is, you changed your situation in compliance with the agreement, or if the agreement was put on the record.. As a general rule there is no step in the divorce process that requires counsel, just situations where representation is highly desirable. Jon Rathjen Effective March 26, 2012, our office will be relocated to 2175 N. California Blvd.,
Answered on Dec 05th, 2012 at 1:14 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You still need to file the proper paperwork including the final judgement, that must include certain statutory language. Hire a lawyer that will file the correct documents and resolve the case.
Answered on Dec 05th, 2012 at 1:14 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You would need to either drop your attorney and proceed in pro per or find another attorney. The only way to move the case to the end is to set a trial or do all the paperwork with an agreement. Depending on your county will depend on what procedures you need to follow to get to trial.
Answered on Dec 05th, 2012 at 1:13 PM