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Final Hearing in October- Decree never filed

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KO2017

Junior Member
What is the name of your state (only U.S. law)? Texas

Im desperate.

Long story short, my fiancé has been going through an almost 4 year divorce, he has been through 2 lawyers, the 2nd of which is no longer representing him. They went to the final hearing in October, both parties agreed and the divorce was granted by the Judge. However, our lawyer needed to make revisions to the decree before it was filed, names were spelled wrong and the child support amount was wrong.
Fast forward to Feb/March, our lawyer never filed the decree, and communication has been next to non-existent. She disappears for weeks, sometimes months with zero communication. We have repeatedly asked for the revised decree, asked when she would file, and could never get a straight answer or no reply at all.

My fiancé told his lawyer that it was unethical to hold a decree for ransom because his bill was not paid off. She stated face to face at the final hearing, that she would not hold the decree as long as we continued to make payments, and we did. When he told her it was unethical, she became very ugly, and told him to come get his file, and she would be withdrawing herself from the case. He has picked up his file from her, but she has YET to withdraw herself from the case. We are stuck between a rock and a hard place, because his ex, is just about as uncooperative as she can get, and her lawyer, is just about as worthless as ours was.

Neither of the other party has attempted to file this decree, and my fiancé and I would like to plan our wedding, but we can’t. He still carries his ex on his insurance because she refuses to get her own; she likes to live off others, and has threatened to take us to court if we drop her. Some of her belongings are still in his house, since she left, almost 4 years ago. We have repeatedly asked her to come get her things, only to be blown up on by his ex, because she feels like she is entitled to leave her stuff there. Because there is no final decree.

Someone, please help us. Can we do anything to file the decree, can we drop her off his insurance, and can we get rid of her belongings? We have reached out to his lawyer and begged for her to not withdraw herself from the case, stated we would continue to make payments, and have received ZERO response from her or her assistant.
 
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Zigner

Senior Member, Non-Attorney
I tried to wade through that mass of text, but I didn't get far. If your girlfriend has questions about her legal matter, then she can log on to ask. Please ask her to use paragraphs and/or simple white space. Thank you.
 

paddywakk

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

Im desperate. Long story short, my fiancé has been going through an almost 4 year divorce, he has been through 2 lawyers, the 2nd of which is no longer representing him. They went to the final hearing in October, both parties agreed and the divorce was granted by the Judge. However, our lawyer needed to make revisions to the decree before it was filed, names were spelled wrong and the child support amount was wrong. Fast forward to Feb/March, our lawyer never filed the decree, and communication has been next to non-existent. She disapears for weeks, sometimes months with zero communication. We have repeatedly asked for the revised decree, asked when she would file, and could never get a straight answer or no reply at all. My fiancé told his lawyer that it was unethical to hold a decree for ransom because his bill was not paid off. She stated face to face at the final hearing, that she would not hold the decree as long as we continued to make payments, and we did. When he told her it was unethical, she became very ugly, and told him to come get his file, and she would be withdrawing herself from the case. He has picked up his file from her, but she has YET to withdraw herself from the case. We are stuck between a rock and a hard place, because his ex, is just about as uncooperative as she can get, and her lawyer, is just about as worthless as ours was. Neither of the other party has attempted to file this decree, and my fiancé and I would like to plan our wedding, but we can’t. He still carries his ex on his insurance because she refuses to get her own; she likes to live off others, and has threatened to take us to court if we drop her. Some of her belongings are still in his house, since she left, almost 4 years ago. We have repeatedly asked her to come get her things, only to be blown up on by his ex, because she feels like she is entitled to leave her stuff there. Because there is no final decree. Someone, please help us. Can we do anything to file the decree, can we drop her off his insurance, and can we get rid of her belongings? We have reached out to his lawyer and begged for her to not withdraw herself from the case, stated we would continue to make payments, and have received ZERO response from her or her assistant.
I can't say if the attorney is within her legal rights to not make the corrections and file the final degree, but my own divorce attorney wouldn't file the final paperwork until I had made the final payment.

But think of it this way - your fiance has owed money to the attorney since at least last October and hasn't paid. Why should she do more work when he hasn't paid for the work she already did?
 

CTU

Meddlesome Priestess
What is the name of your state (only U.S. law)? Texas

Im desperate. Long story short, my fiancé has been going through an almost 4 year divorce, he has been through 2 lawyers, the 2nd of which is no longer representing him. They went to the final hearing in October, both parties agreed and the divorce was granted by the Judge. However, our lawyer needed to make revisions to the decree before it was filed, names were spelled wrong and the child support amount was wrong. Fast forward to Feb/March, our lawyer never filed the decree, and communication has been next to non-existent. She disapears for weeks, sometimes months with zero communication. We have repeatedly asked for the revised decree, asked when she would file, and could never get a straight answer or no reply at all. My fiancé told his lawyer that it was unethical to hold a decree for ransom because his bill was not paid off. She stated face to face at the final hearing, that she would not hold the decree as long as we continued to make payments, and we did. When he told her it was unethical, she became very ugly, and told him to come get his file, and she would be withdrawing herself from the case. He has picked up his file from her, but she has YET to withdraw herself from the case. We are stuck between a rock and a hard place, because his ex, is just about as uncooperative as she can get, and her lawyer, is just about as worthless as ours was. Neither of the other party has attempted to file this decree, and my fiancé and I would like to plan our wedding, but we can’t. He still carries his ex on his insurance because she refuses to get her own; she likes to live off others, and has threatened to take us to court if we drop her. Some of her belongings are still in his house, since she left, almost 4 years ago. We have repeatedly asked her to come get her things, only to be blown up on by his ex, because she feels like she is entitled to leave her stuff there. Because there is no final decree. Someone, please help us. Can we do anything to file the decree, can we drop her off his insurance, and can we get rid of her belongings? We have reached out to his lawyer and begged for her to not withdraw herself from the case, stated we would continue to make payments, and have received ZERO response from her or her assistant.
Very often, a spouse who doesn't push hard for a divorce is actually more comfortable staying married to the stbx than s/he wishes to admit to others ... or, perhaps, doesn't wish to rush straight into another marriage but is perhaps not in love with the idea of explaining that to a new intended.

:cool:
 

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