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I am going through a divorce. There are no assets between us and support and custody have already been ordered. However, my attorney now wants the balance I owe in full ($6000 + another $2500) before he will go back to court for anything, including the finalization, which is all that is left. He knows I don't have it. I just got a job and support our two children. I have been making payments every month, but now he won't do anything further without the entire balance, which he knows I don't have. I get no support money from my ex as he refuses to pay, and just got fired from his job. I don't know what to do. I feel like I'm being held hostage. If the finalization is all that's left, can't I handle that on my own? I don't know what the process is. It's been just over a year now. I feel like I'm never going to be able to get divorced. Any suggestions?
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Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Answered on Jul 10th, 2013 at 11:23 PM
Your attorney wants to be paid for his work and his knowledge. He knows how to end your case and you do not. That is why he gets paid for his work. Borrow the money and make payments to the lender. Your attorney is not a bank.
Answered on Jul 10th, 2013 at 9:23 AM
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As with any other service, an attorney's time is valuable and like any other service (e.g. plumber, carpenter, dentist) they expect to be paid unless there is an agreement to work pro bono/for free. The facts of your question suggest that your attorney already "loaned" you his time in the amount of $6,000.00 and that he is seeking an additional retainer of $2,500.00 to complete the case. Unlike criminal cases, where the state will pay for a court appointed attorney, there is no money in the state coffers allocated to pay for someone's divorce. Therefore, you have the option of paying an attorney or representing yourself. I don't know enough about your case to determine whether it is prudent for you to represent yourself. However, in general, the language of a divorce agreement can be the most important part of the divorce, as the present and future interpretation of this language affects what you may and may not be able to modify in the future.
Answered on Jul 10th, 2013 at 9:05 AM