Need Divorce Help. California

[coco0910]

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

I obtained a lawyer on April 2010, I paid my lawyer a $5,000 retainer fee to represent me and process my case. I had an ex parte notice in April 2010, this was the only time we had to go to court. All original files and dissolution paperwork began to originally process in April as well. However due to my 'spouse' not having representation the paperwork has been sent back and forth numerous times due to errors. Recently the paperwork was resubmitted about 4 months ago by my lawyers office. When I checked my case number on the L.A. Superior Court website it shows that no new documents have been submitted since April, 2010, and I'm told this is because it's sitting on a 'desk' at the court house. But according to the court reporter they said that they update the system once they receive any new files. This has been an ongoing process that has been going on for 26 months, we have no joint property, or assets, and the divorce is not contested. All financial disclosures have been agreed to as well. When I attempt to obtain or get new information from my lawyers office I am simply told that I will still have to wait and they have no new information to tell me or no relevant timeline. I have been phoning in about once a month for the last six months, with today 6/19 being the last contact between the myself and the attorneys office. I was told that they would have to inquiry with an attorney service and check on the status of the case. I do not know if I am being accurately represented and would like to see my options. Can anyone please provide any legal advice. Thank you.

Time is imperative to me now because I am going to be joining the Army Reserve again, I was active duty military for 8 years, and I want the divorce to be finalized before I sign my enlistment contract in order to save myself another headache.

 

[cnorrisesq]

RE: Need divorce help, California

This all sounds quite ridiculous. I would recommend demanding your lawyer give you all the paperwork. Go to the self-help center at the Los Angeles County Superior Courthouse...I would go to Van Nuys, not Hill street. Then file a complaint with the State Bar of California about this attorney if you feel it is justified. The complaint website is: http://www.calbar.ca.gov/Attorneys/LawyerRegulation.aspx

If nothing is contested, the self help center can show you how to file and if your spouse doesn't respond, then you can get a default judgment.

Good luck.

Forum disclaimer:
This is not intended to be, and should not be relied upon as a source of legal advice. Postings to this web site by Cameron Norris have been prepared for informational purposes only. In addition no attorney-client relationship has been created by these postings.

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

I obtained a lawyer on April 2010, I paid my lawyer a $5,000 retainer fee to represent me and process my case. I had an ex parte notice in April 2010, this was the only time we had to go to court. All original files and dissolution paperwork began to originally process in April as well. However due to my 'spouse' not having representation the paperwork has been sent back and forth numerous times due to errors. Recently the paperwork was resubmitted about 4 months ago by my lawyers office. When I checked my case number on the L.A. Superior Court website it shows that no new documents have been submitted since April, 2010, and I'm told this is because it's sitting on a 'desk' at the court house. But according to the court reporter they said that they update the system once they receive any new files. This has been an ongoing process that has been going on for 26 months, we have no joint property, or assets, and the divorce is not contested. All financial disclosures have been agreed to as well. When I attempt to obtain or get new information from my lawyers office I am simply told that I will still have to wait and they have no new information to tell me or no relevant timeline. I have been phoning in about once a month for the last six months, with today 6/19 being the last contact between the myself and the attorneys office. I was told that they would have to inquiry with an attorney service and check on the status of the case. I do not know if I am being accurately represented and would like to see my options. Can anyone please provide any legal advice. Thank you.

Time is imperative to me now because I am going to be joining the Army Reserve again, I was active duty military for 8 years, and I want the divorce to be finalized before I sign my enlistment contract in order to save myself another headache.

 

[birdbrain53]

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

I obtained a lawyer on April 2010, I paid my lawyer a $5,000 retainer fee to represent me and process my case. I had an ex parte notice in April 2010, this was the only time we had to go to court. All original files and dissolution paperwork began to originally process in April as well. However due to my 'spouse' not having representation the paperwork has been sent back and forth numerous times due to errors. Recently the paperwork was resubmitted about 4 months ago by my lawyers office. When I checked my case number on the L.A. Superior Court website it shows that no new documents have been submitted since April, 2010, and I'm told this is because it's sitting on a 'desk' at the court house. But according to the court reporter they said that they update the system once they receive any new files. This has been an ongoing process that has been going on for 26 months, we have no joint property, or assets, and the divorce is not contested. All financial disclosures have been agreed to as well. When I attempt to obtain or get new information from my lawyers office I am simply told that I will still have to wait and they have no new information to tell me or no relevant timeline. I have been phoning in about once a month for the last six months, with today 6/19 being the last contact between the myself and the attorneys office. I was told that they would have to inquiry with an attorney service and check on the status of the case. I do not know if I am being accurately represented and would like to see my options. Can anyone please provide any legal advice. Thank you.

Time is imperative to me now because I am going to be joining the Army Reserve again, I was active duty military for 8 years, and I want the divorce to be finalized before I sign my enlistment contract in order to save myself another headache.

An uncontested divorce should not take this amount of time. Your attorney is milking this for all the fees they can get. This should have been resolved in 2010 and every time you call, you are being billed. And no they don't need to have an attorney service do an inquiry. That would be more like have the secretary check your file. They absolutely should be able to find your file within a short amount of time and give you a status update.

In writing, tell the attorney to send you a copy of all the paperwork in and associated with your file, a detailed accounting of the attorney's usage of your retainer (they should be billing in increments of hours - every ten minutes or so - and billing you monthly) and terminate the attorney. They are not allowed to lump activities together, each item must be on a separate line and broken out as to time spent. An example of this is putting research and client communication on the same line item. Those 2 items should be separated. Then go down to the courthouse, pull your file, and file for a court date to finalize this yourself. You can go to the Family Law Facilitator's Office and get the forms to complete everything yourself.

Yes, and file a complaint with the California Bar. Most stuff they just slap the attorney's hands, but financial stuff they get a bit sterner about and can discipline the attorney for misuse or not behaving ethically regarding client funds. The California Bar has it's own web site and if you google it, you will be directed to their web site.