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My simple cut and dry divorce was September 12, 2013. It is now December 19th and the divorce decree has not been signed. I have called my lawyer and no one calls me back. I think it's been too long, do you? What should I do, aside from calling my lawyer, to find out what is going on?
10 ANSWERS
You can do two things. First, you can call your lawyer and leave a message that if your call is not returned, you file a complaint with the Florida Bar. Be aware, however, if you do that, he/she may withdraw from representing you. Second, you can call the Judges Clerk and ask the status of your case.
Answered on Dec 24th, 2013 at 3:59 AM
The minimum waiting period after the Respondent is served is six months and a day. So the as we is no. It has not been too long.
Answered on Dec 24th, 2013 at 3:58 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Your question is a bit unclear. Did you file for divorce on September 12, 2013 or was the Judgment submitted. If you just filed on September 12th, then you cannot be divorced any sooner than 6 months after the other side is served. If the Judgment was submitted on September 12th, then the court processes it on its own time. No attorney can speed up the process.
Answered on Dec 24th, 2013 at 3:58 AM
Depending on what county you are in it can take 6 to 12 weeks to get judgments processed. In Sacramento County is it now taking at least 8 weeks. You might want to go to the courthouse and ask to see your file to find out the status. I'm sure your lawyer doesn't know any more than you do right now.
Answered on Dec 24th, 2013 at 3:57 AM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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You are aware that there is a 6 month period of time from when you file to when you can actually finalize your divorce. If paperwork has been signed by both sides and submitted to court it takes time for the courts to process and send back I think you are a little premature in your concerns talk to your attorney.
Answered on Dec 24th, 2013 at 3:57 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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I am a divorce lawyer in the state of Utah, so my comments and opinions are limited to my experience in this jurisdiction: Assuming you are not a problem client and you are current in paying your attorney's bill, there could be very legitimate and very reasonable explanations for why your attorney appears not be doing anything and/or why your attorney is not returning your phone calls, but I doubt it. Divorce lawyers are generally (although not universally) among the most lazy, stupid, and crooked attorneys in the legal profession. I know this because I am a divorce attorney who has to deal with these kinds of attorneys everyday (and yes, I am an exception to the lazy, stupid, and crooked divorce lawyers). If your attorney appears to be doing nothing, won't return calls, and isn't at least keeping you updated and apprised of the status of your case and the reasons for that status, your attorney has likely lost interest in your case, and you?d be better off replacing him.
Answered on Dec 24th, 2013 at 3:57 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Did the other party agree to the divorce? If so, talk with him or her and find out if they have been supplied with the proposed stipulation. If not, then go to your attorney's office and ask why it hasn't happened. If you are not satisfied, call the Bar Association and file a complaint.
Answered on Dec 24th, 2013 at 3:56 AM
Start by calling your lawyer. Wait, you have already done that. It takes 6 months from the time that the Respondent was personally served, so you need a copy of the proof of service of summons. If you attorney has not given you a copy, then you need to go to the court house and get one. Then both parties must do disclosures and file a Declaration re Service of Declaration of Disclosure, a form. Then you can file for settlement conference and trial to end things. Or just sign a Marital Settlement Agreement, attach it to a Judgment form, and get the divorce. Your attorney should be telling you all this, however.
Answered on Dec 24th, 2013 at 3:56 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I will not second guess your attorney, that is where you should seek information and counsel.
Answered on Dec 24th, 2013 at 3:56 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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In WI, from the date of service you cannot be divorced before 120 days has past so the earliest you could have a court date is January 12th if the other side was served September 12 but very few divorces get done in that time frame.
Answered on Dec 24th, 2013 at 3:56 AM