Insurance check being helo by Husbands attorney

What is the name of your state? Indiana.
Okay, divorce still ongoing. Our property we still own together was hit by a tornado. We choose not to replace the above ground pool. Upon agreement with my soon to be ex, we decided to split the check 50/50 minus the insurance deductable. After I call insurance agent to send the check out, my husband informed me that His attorney wants the check brought to his office to hold in trust until the divorce is final. So that it may be used for attorney fees. I know they cannot cash the check but is this legal. My attorney saoked me for lots of $$$$ and now is sitting on his rear. But I cannot afford to seek another one.

Your ex broke a verbal agreement. The swimming pool was marital property. The attorney cannot demand part of the marital property as attorney fees. Bring it up in court. As for your attorney soaking you for money -- you should have signed an agreement going in that details how much you were paying him. Attorney help is expensive -- can run higher than $300 an hour. There is a very logical reason for that. Law school is expensive. CLE's are expensive. Licensing is expensive. The Bar is expensive. Office space is expensive. Paralegals/secretaries are expensive. Utilities are expensive. Research books are expensive. Bar membership is expensive. So what exactly did you pay your attorney?
And are you sure your attorney is doing nothing? Attorneys go through periods where your case is front and center and then other cases are. The reason for this is because believe it or not there are vast periods of time where NOTHING may be happening in a divorce. Unless the other party wants to settle, between the filing and the first hearing there is not much to do because we have prepared a great deal before filing.

mason4702 said:

What is the name of your state? Indiana.
Okay, divorce still ongoing. Our property we still own together was hit by a tornado. We choose not to replace the above ground pool. Upon agreement with my soon to be ex, we decided to split the check 50/50 minus the insurance deductable. After I call insurance agent to send the check out, my husband informed me that His attorney wants the check brought to his office to hold in trust until the divorce is final. So that it may be used for attorney fees. I know they cannot cash the check but is this legal. My attorney saoked me for lots of $$$$ and now is sitting on his rear. But I cannot afford to seek another one.

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Who is going to receive the check? If its you I certainly wouldn't allow your husband to take the check to his attorney.

No end in sight

Well that is what his attorney is doing. I told my attorney this thru email and have not heard back from him. I did not sign an agreement, but he told me that it would cost 7-10 grand to get divorced. I have paid him over 10,000.00. I live in a very small town, married to a State Trooper, where the gossip runs wild. I heard early after I hired my attorney, that he is known to run the bill up to 10 grand and then get them to settle. I did not believe it, thought it unethical. He said That is the only way to make any money in a divorce case. My attorney is aware of what I have heard. I have heard this from other clients of his. I have not heard anything from my attorney since March. I had a meeting with him and he wanted me to settle for a small amount and he would knock off some of his fee. The judge does not want to hear the case, becasue he does not want to listen to my ex whine for the next 20 years. This was told in pre trial conference. I cannot prove it.This has been ongoing since 2/10/05, no children, just marital property and the arguing over the wording in a prenup. I left with the clothes and my car and moved 3 1/2 hours away. I still am with no personal property aquired during the marriage, since the filing. My home was appraised for 20,000.00 low. My husband was there, I was not let known when the appraisal was, It was done and over before I knew it. Thanks to my attorney.I had a previous appraisal from 2001 and sent both appraisals to the attorney generals office and the mortgage company for review. I cannot afford to seek another attorney My attorney should of taken care of this, but the appraisaer is a friend of my attorneys and I do not think he wants to get him in trouble.I have had 2 pretrial conferences that my attorney told me that I did not need to be there only to find out my ex was. My attorney also miss read the prenup, agreed to something in pretrial, and then filed a motion to correct errors. it was Denied, because you know that opens the judge up to a hearing. So at this point, I have been doing alot of work on my own and sending things to my attorney, I have had to tell him to get records of bank statements, had to drive 3/12 hours to pick up the records myself, so I would not be charge for him doing it. He was suppose to hire an accountant to go over our records, that was in March. My attorney told me that we will have to appeal some of the judges decisions, but I was told that I cannot ask for a new judge either. If I tick the judge off he could rule not in my favor or fairly.So comments please, has this happened to anyone else. Is this attorney doing his job or collecting an easy 10 grand. And this is only a sample of the past year and a half. why hasn't my sttorney gotten my insurance check for me, I know they cannot cash the check without my signature or can they.