I really do not understand this…After going back and forth on the same document, I indicated that I was satisfied and ready to settle. I am asking for updated statement and I am not getting it no matter how often I ask for it!!!
WHAT CAN I DO?? I need to finish with this.
You can set the matter for hearing and proceed from there. If your spouse is indeed ready to settle I am sure he will bring the updated version of the agreement to court. Unfortunately some lawyers must be forced to take action before they will do anything.
SO you mean signing the document anyway? This is not going to court, this is a separation agreement.
Can one tell me when the job of a lawyer stops and so is billing?
If your spouse refuses to sign a separation agreement you will need to file a claim for equitable distribution, spousal support and attorney’s fees (if applicable). You cannot force your spouse to execute a separation agreement, and therefore you will have to use the court system to ensure your rights are protected and you are awarded what you are entitled to.
It does not sound like your spouse is the one with the problem! I think the lawyer on the forum said it perfectly! She agrees that some lawyers will NOT do anything! The answer for this??? They haven’t stopped billing and aren’t satisfied with the amount they think THEY have earned! If both of you have agreed to this separation agreement, then contact your spouse’s lawyer yourself or even contact your spouse and get the thing over with! If you are satisfied and your spouse is satisfied, then fire the lawyer and get it over with! Just for the record, my mother is going through a divorce and the JUDGE admonished the lawyers in COURT telling them to get it over with! YOU have the power to end this! Go to the lawyer’s office, get the document, and tell HIM you are through with HIM!!! Remember, you guys could have done this over the kitchen table! The lawyer is just in the picture for the spoils! That’s all it amounts to! Everybody knows the LAWYERS win because they don’t have anything to LOSE! Time is money and THEY know it!
As long as you have retained a lawyer, that lawyer is yours until you ‘release’ the lawyer from your service. When you ‘retain’ a lawyer, he/she is yours until he/she withdraws.
If you have a lawyer retained (and so does your STBX), the you can’t deal with his lawyer on your own. Just like YOUR lawyer can’t talk to your STBX if he has a lawyer already retained. It’s a legal thing.
The lawyer stops billing when the lawyer is not your lawyer anymore. You must ask for a withdrawal, the lawyer goes to the court and submits his/her motion to withdraw and the judge says OK. At that point, all billable hours that haven’t been billed to you can be billed, and that is the end of it.
From personal experience, my ex had a lawyer he didn’t like. So he tried to work with MY lawyer on his own. My lawyer said she couldn’t work with the ex if he was still represented…she could lose her license or certification. Even after 6 years of no business legally…she was still my lawyer. When she moved to another state, she had to legally/formally withdraw from being my lawyer.
If you guys have an agreement you both want to sign, then you can do that. But know that what you sign is BINDING. PERIOD.
AND JUST A FINAL FYI: I’m sure there are some greedy lawyers out there. But I believe the majority have your best interest at heart. What frustrates us laymen is our ignorance of the legal system. What may seem unfair usually has a reason behind it that makes sense. I highly advise you NOT to be unrepresented. Please don’t let one person’s bad experience taint your view of all lawyers. If you don’t feel comfortable with your lawyer, then find another or try it on your own. I have had 2 great lawyers work with me in the past.
This is what I learned. My Ex never learned this and she has suffered.
The attorney works for you.
You pay them and they do work.
If you pay them and they don’t work, you fire them.
You call the shots with their input.
They don’t tell you what to do.
You tell them what to do.
They give advice you can take it or leave it.
Give them strict parameters to work under. Let them know that you will not agree to go outside of the parameters.
If can’t work with them and they don’t have time for you, Fire them and get another attorney.
Listen to them.
Read the laws.
Ask questions.
Think for yourself
Don’t bug them.