EX is contesting finalized divorce

[Melissa Roppo]

undefinedWhat is the name of your state? CA
I was married for a total of 30 years. I was seperated for the last 5 of those years,living on my own I even bought my own home. I have never collected
spousal support and have made it clear that I did not want it. My attorney
copied over an old marital seperation agreement that I had and inadaverntly left that clause out. My divorce is now final since 3/28/05 and my EXHusband is fighiting it and says he wants an addendem made on the paperwork, he has not paid any attorney fees and evey time I even call my attorne's office to ask a question he is charging me another couple of hundered bucks that I don't have! HELP! I just want this to be over! My attorney told ,me yesterday that my EX has up to 6 months to contest this divorce that is already final! is this ture? What should I do?

Meli Desperate in CA

[LdiJ]

Originally Posted by Melissa Roppo

undefinedWhat is the name of your state? CA
I was married for a total of 30 years. I was seperated for the last 5 of those years,living on my own I even bought my own home. I have never collected
spousal support and have made it clear that I did not want it. My attorney
copied over an old marital seperation agreement that I had and inadaverntly left that clause out. My divorce is now final since 3/28/05 and my EXHusband is fighiting it and says he wants an addendem made on the paperwork, he has not paid any attorney fees and evey time I even call my attorne's office to ask a question he is charging me another couple of hundered bucks that I don't have! HELP! I just want this to be over! My attorney told ,me yesterday that my EX has up to 6 months to contest this divorce that is already final! is this ture? What should I do?

Meli Desperate in CA

Ok...I am a bit confused. Are you saying that you asked for no spousal support...but your attorney accidentally included spousal support in the paperwork and somehow it got past your ex, his attorney and the judge?

If so, why not simply instruct your attorney to amend the agreement to take out spousal support and resubmit it to the judge for signature?

[Melissa Roppo]

I have no problem doing this, but should my attorney be charging me for this, since it was his mistake? He has already eaten up all of the retainer I gave him and said he will amend it but I have to pay an hourly fee, He tells me he does not work for free yet he did failed to simply copy over my original seperation agreement correctly the first time!

[LdiJ]

Originally Posted by Melissa Roppo

I have no problem doing this, but should my attorney be charging me for this, since it was his mistake? He has already eaten up all of the retainer I gave him and said he will amend it but I have to pay an hourly fee, He tells me he does not work for free yet he did failed to simply copy over my original seperation agreement correctly the first time!

Part of the problem was that none of you read it before you signed it. In my opinion your attorney shouldn't change you to correct the error...but you had an opportunity to catch it before it got signed by the judge.