Getting divorced - lawyer delaying the process

GeorgeJones said:

Hi,

Getting a divorce in New York. *Everything* is done, agreed upon, settlement agreement signed, court papers signed & completed. My lawyer prepared all the paperwork & sent it to his lawyer to get signatures & subsequently file with the court. The signatures have been obtained, *everything* is signed & ready to go. Problem is, his lawyer refuses to file the papers (which he did not prepare) until he is paid in full. It's been months & the lawyer is just sitting on these papers...it's going to take a while for him to be paid in full because money doesn't just grow on trees. Meanwhile, even though my ex & I are more than ready to get divorced, his lawyer is just sitting on the papers & not filing them.

What should I do? If I can get my ex to agree to it, I'm thinking of going behind the lawyer's back, re-signing the separation agreement, & filing for a quicky no-fault divorce (which they just enacted in NY last month).

I know it would be a fairly shady move, as far as attorney-client relations go, but are there any legal reasons for me not to do that?

Thanks for your help.

What is the name of your state (only U.S. law)? New YorkWhat is the name of your state (only U.S. law)?

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Proserpina said:

Why not just pay the attorney's fees? I mean you want to do this on the up-and-up, right?

Frankly I don't blame the attorney for not acting - after all, it's been months and months...

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GeorgeJones said:

Hi,

Getting a divorce in New York. *Everything* is done, agreed upon, settlement agreement signed, court papers signed & completed. My lawyer prepared all the paperwork & sent it to his lawyer to get signatures & subsequently file with the court. The signatures have been obtained, *everything* is signed & ready to go. Problem is, his lawyer refuses to file the papers (which he did not prepare) until he is paid in full. It's been months & the lawyer is just sitting on these papers...it's going to take a while for him to be paid in full because money doesn't just grow on trees. Meanwhile, even though my ex & I are more than ready to get divorced, his lawyer is just sitting on the papers & not filing them.

What should I do? If I can get my ex to agree to it, I'm thinking of going behind the lawyer's back, re-signing the separation agreement, & filing for a quicky no-fault divorce (which they just enacted in NY last month).

I know it would be a fairly shady move, as far as attorney-client relations go, but are there any legal reasons for me not to do that?

Thanks for your help.

What is the name of your state (only U.S. law)? New YorkWhat is the name of your state (only U.S. law)?

Click to expand...

GeorgeJones said:

First of all, nobody just happens to have a spare $9000 just lying around. do they?.

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The problem isn't my outright refusal to pay the attorney. If that were my intention, I never would have agreed to it in the first place. The problem is my inability to pay the entire amount up front, & the lawyer's refusal to move forward on anything until the entire amount is paid off, which was never mentioned up front. I was never told that the action of filing the papers was contingent upon being paid in full. If I had been told, again, I wouldn't have agreed to those terms. I might have been in the same place I am now, but at least there would have been some kind of understanding or agreement in place.

Click to expand...

GeorgeJones said:

My lawyer prepared all the paperwork & sent it to his lawyer to get signatures & subsequently file with the court. The signatures have been obtained, *everything* is signed & ready to go. Problem is, his lawyer refuses to file the papers (which he did not prepare) until he is paid in full. It's been months & the lawyer is just sitting on these papers...it's going to take a while for him to be paid in full because money doesn't just grow on trees. Meanwhile, even though my ex & I are more than ready to get divorced, his lawyer is just sitting on the papers & not filing them.

Click to expand...

GeorgeJones said:

First of all, nobody just happens to have a spare $9000 just lying around. do they?. The problem isn't my outright refusal to pay the attorney. If that were my intention, I never would have agreed to it in the first place. The problem is my inability to pay the entire amount up front, & the lawyer's refusal to move forward on anything until the entire amount is paid off, which was never mentioned up front. I was never told that the action of filing the papers was contingent upon being paid in full. If I had been told, again, I wouldn't have agreed to those terms. I might have been in the same place I am now, but at least there would have been some kind of understanding or agreement in place.

Click to expand...