My attorney letting my ex drag his feet...

[awake1]

What is the name of your state? KY

I have been divorced for over a year. The judge granted a bifurcation in March 2007 because my ex had postponed our hearings so many times since our separation in June 2005. We finally had a hearing to settle property in October of last year. I was awarded the marital home (that I have been paying the mortgage payment on while my ex and his girl friend and her 2 kids have lived there rent free.) I was also awarded half of his 401K and IRA and my personal property. The court order dated in November 2007 gave him 30 days to comply.

In January 2008 I contacted my attorney to inform him that my ex had done nothing outlined in the court order. In February 2008 my attorney filed a motion to show cause. I showed up to court (which is, by the way, several counties away) several times, missing work, and my ex and his attorney failed to show.

On March 13, 2008 there is a contempt of court hearing. The case is called and not only are my ex and his attorney no-shows, but also my attorney is absent. I stand and the judge asks me to come forward. She looks over the case, asks me questions, and rules that my ex has 10 days to vacate the property or face incarceration, she also agrees with me that he should pay my attorney fees (she adds that the attorney should refund part of what I've paid since I basically represented myself in court) and that he has 10 days to send documentation of the amount in his retirement on the day of our divorce and give me personal property that was still in the marital home. She tells me to have my attorney contact her.

I go directly to my attorney's office. I give the secretary the good news and ask her why my attorney was not in court. She tells me he is in a seminar out of town and seems confused about the hearing taking place. I tell her it was on the docket and was called and that the judge ruled with just me there.

I have an idea that my attorney is being sympathetic toward my ex or at least his attorney because he explained that the reason my ex didn't follow the CO in Dec. is because my ex says he didn't get it. He had switched attorneys (a year prior) and the attorney was "new and young and inexperienced." I suspect my attorney and his attorney might have had a verbal understanding that the March 13th hearing would be postponed (based on what the secretary told me.)

It is now 4 weeks later. I have called my attorney's office once a week. He is never "in." The secretary tells me last week that they sent the paperwork to the judge and are waiting to get it back. Meanwhile, my ex and his new family have not moved. I have received nothing from him from that court order in November.

To complicate matters and add to my frustration and impatience, I was recently hopitalized with a life-threatening condition and am afraid I am going to die before he vacates and signs over the property. I am now not working indefinitely, receiving no income, and am afraid because of my loss of income and mounting medical bills ($30,000 for March alone) that I am facing bankruptcy in the not-so-distant future.

What should my next step be to get the judge's ruling to be a signed and filed court order as it should have been weeks ago? Also, if I were to die before he signs over the property and gives me half of the retirement funds and other property that was awarded, would my heirs still receive it? If this medical condition doesn't kill me, I'm beginning to think I might just die of old age before my ex follows the court order or my attorney answers my calls.

Thank you.

[Ohiogal]

First of all attorneys have court. some more so than others. I can have no court for a week and then get hit for hearings every day for three weeks.

Also attorneys have NO CONTROL over how long it takes a judge to sign things. I have waited up to five months to get an order/decision.

[TinkerBelleLuvr]

Good Morning OG,

Shouldn't the OP be filing for an 'eviction' since she has a court order for them to vacate as of November 2007? I realize that the new court hearing has them reinforcing that, along with attorney fees.

Or are these court orders their '30 days notice' and she can get a sheriff eviction?

[awake1]

Originally Posted by Ohiogal

First of all attorneys have court. some more so than others. I can have no court for a week and then get hit for hearings every day for three weeks.

Also attorneys have NO CONTROL over how long it takes a judge to sign things. I have waited up to five months to get an order/decision.

Thank you, Ohiogal. I keep telling myself that, but I guess I am feeling this sense of urgency since I got sick.

[awake1]

Originally Posted by Ginny J

Good Morning OG,

Shouldn't the OP be filing for an 'eviction' since she has a court order for them to vacate as of November 2007? I realize that the new court hearing has them reinforcing that, along with attorney fees.

Or are these court orders their '30 days notice' and she can get a sheriff eviction?

Thanks, Ginny J. That leads to my next question because since basically I am waiting on a court order that is really a reiteration of the original court order from November, how is that going to be enforced any more than the first one was (or rather wasn't)? I asked my attorney in January about a possible eviction notice and he said, "You don't need to do that, you have a court order, which is better than an eviction notice."

[tuffbrk]

I'd suggest filing an eviction notice with the Sheriff's office. Use the original court order, as well as the second one (if rec'd) to show your Ex was given proper notice.

[Ohiogal]

Originally Posted by awake1

Thanks, Ginny J. That leads to my next question because since basically I am waiting on a court order that is really a reiteration of the original court order from November, how is that going to be enforced any more than the first one was (or rather wasn't)? I asked my attorney in January about a possible eviction notice and he said, "You don't need to do that, you have a court order, which is better than an eviction notice."

You go back to court and file contempt and also ask that he immediately be removed from the house.

[mistoffolees]

Originally Posted by tuffbrk

I'd suggest filing an eviction notice with the Sheriff's office. Use the original court order, as well as the second one (if rec'd) to show your Ex was given proper notice.

Sounds like a good suggestion. I'd wait until after the latest 10 day period expires and change the locks, as well. That will probably be quicker than the eviction process. Since you have multiple court orders and he has been given plenty of warning, I can't imagine that there'd be any downside for you - unless you think he'd break the door in, but I guess that's a risk even if the sheriff evicts him.