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Author Topic: Order Still Not Submitted........Options??  (Read 1027 times)

TPK

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Order Still Not Submitted........Options??
« on: Mar 27, 2006, 07:33:23 AM »
Hi Soc,


I wrote to you a few months back about my order never being submitted. Divorce was finalized in court on Oct 4th 2005. Judge directed my ex's attorney to write up and submit everything.

It's now approaching April and this still is not done.

I have spoken to my attorney about it and all he does is write her letters reminding her to do it, and he never gets a response.

I told my attorney to submit it and he says "I was hoping I wouldn't have to".

This is beyond absurdity.


1. Is there anything I can do personally ie write the court and complain?


2. For tax purposes....am I legally divorced or not?? I was speaking to my accountant the other day and we couldn't figure it out. My ex and I both signed some paperwork in court and I was figuring that was good enough for me to file taxes "single".


Cheers!

TPK


socrateaser

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RE: Order Still Not Submitted........Options??
« Reply #1 on: Mar 27, 2006, 08:27:57 AM »
>1. Is there anything I can do personally ie write the court
>and complain?

Write your attorney and tell him that you are instructing him to write the judgment immediately, and that he request additional attorney fees and costs to cover from the other party, and that if he refuses to do so, that you will be forced to lodge a complaint with the state disciplinary authority.

Do not threaten to discharge him or demand his withdrawal, because that way he will be off the hook. He can move to withdraw on his own, but then he will have to explain why to the judge, and you can object on grounds that he is violating the Rules of Professional Conduct by not diligently advancing his client's interests.

>2. For tax purposes....am I legally divorced or not?? I was
>speaking to my accountant the other day and we couldn't figure
>it out. My ex and I both signed some paperwork in court and I
>was figuring that was good enough for me to file taxes
>"single".

Consider getting a new accountant.

http://www.irs.gov/taxtopics/tc353.html

TPK

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RE: Order Still Not Submitted........Options??
« Reply #2 on: Mar 27, 2006, 09:40:14 AM »
>Write your attorney and tell him that you are instructing him
>to write the judgment immediately, and that he request
>additional attorney fees and costs to cover from the other
>party"..

1. Excuse my ignorance here but does this require filing a motion in court to have them pay the fees?


2.  How much of the attorney fees am I asking for??...half??....all?

I have rang-up $600.00 in legal fees just calling my attorney and asking him about why this hasn't been submitted.

3. Can I ask that my ex pay the $600.00 in fees as well?

Sorry to blast you so soon after your vacation with all these questions.

Cheers!

TPK

socrateaser

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RE: Order Still Not Submitted........Options??
« Reply #3 on: Mar 27, 2006, 10:35:00 AM »
>>Write your attorney and tell him that you are instructing
>him
>>to write the judgment immediately, and that he request
>>additional attorney fees and costs to cover from the other
>>party"..
>
>1. Excuse my ignorance here but does this require filing a
>motion in court to have them pay the fees?

Yes, and you want those fees reimbursed, as well. Or, you can ask your own attorney to swallow the fees, but for that you must place all of the amounts in dispute by stating in writing your reasons why specific items in your attorney's statements are unreasonable (i.e., because too much unnecessary correspondence took place which could have been avoided by demanding the other attorney prepare the motion or that your attorney would doe so and file for reimbursement for fees and costs).

>2.  How much of the attorney fees am I asking
>for??...half??....all?

Whatever it has reasonably cost you as the consequence of the other party's attorney's failure to timely prepare the order.

>3. Can I ask that my ex pay the $600.00 in fees as well?

Yes.

 

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