QUESTION
Can divorce not be continued if the majority of the attorney’s fee is not yet paid even if the paperwork has been filed with the court?
Asked on Sep 05th, 2012 on Divorce - California
More details to this question:
I have been working with my attorney since 2010 to get my uncontested divorce complete. Since 2010, I was never once told what my balance was. Last month, I received a bill from my attorney for almost $4000.00. I was told that it needed to be paid in ten days. I am a single mom and I don't have that kind of money. When I talked to my lawyer, I was told that I could make monthly payments of $500.00. Now the court has sent my attorney a letter stating the Notice of Dismissal sent to Petitioner's attorney for dismissal deadline of November 15, 2012. Is it legal? If they would have told me a while back ago what my balance was coming to I could have started making payments a long time ago. Please help I have gone through a lot to get this divorce done and do not want it dismissed.
7 ANSWERS
You can work out a payment plan with your attorney so your divorce can be concluded. If that does not work, you can sign a document to release your attorney and complete the paperwork for your divorce on your own. There is help for people who need to finish the paperwork for an uncontested divorce. We offer those services, and most courthouses have assistance as well. The court though will not keep a case pending, so they will want to dismiss it if the paperwork is not be filed like it should be. So that notice is something they will send to any case that is not being concluded like it should be.
Answered on Sep 26th, 2012 at 2:51 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If you cannot afford an attorney but need to complete your case, fire the attorney and get help from the self-help center to finish the divorce. Pay the attorney what you can separate from the case. They aren't required to work when owed money, but you don't have to have an attorney to finish your case.and destroy the original transmission.
Answered on Sep 18th, 2012 at 11:51 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Your attorney cannot just do nothing. That is unethical. If he will not represent you any longer because of the bill, he needs to file a motion to withdraw from the case and set the motion for a hearing. You can then tell the court what happened about the bill. If the case is dismissed because your attorney does nothing, you can contact the local bar association about your recourse. Very truly yours.
Answered on Sep 13th, 2012 at 9:39 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The court is planning to dismiss the case because nothing has happened; that has nothing to do with your attorney's bill except that your apparent failure to pay you attorney seems to be why the case has been dragging on for 2 years. If you can't work something out with your attorney you either need to find a new attorney or figure out how to represent yourself.
Answered on Sep 13th, 2012 at 9:38 AM
You can continue the case without representation. You should consult another attorney to determine exactly what you need to do to complete the dissolution. You should then consider a complaint with the State Bar against your present counsel.
Answered on Sep 13th, 2012 at 9:37 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Make and agreement to get the matter concluded which will, I suspect, include a payment program with your attorney. The matter should not be dismissed.
Answered on Sep 13th, 2012 at 9:37 AM
Melissa Kay-Peterson Roudabush
Your options depend on the county youre in, what type of dismissal, and what has already been filed in your case. You may be able to complete your paperwork by yourself.
Answered on Sep 13th, 2012 at 9:20 AM