Legal Question in Family Law in California

I have gone through 2 years of litigation for a divorce. At this point, we are still resolving property issues.

I have decided to go pro per at this point since I have already spent over $200k. My ex husband has instructed his attorney to not engage in any communication with me. Can his attorney do this?

It seems to me that he has an obligation to read my emails and try to move the situation forward.

If you have specific laws I can refer to when addressing this issue, I would apprediate it.


Asked on 4/16/11, 7:35 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

There is an old saying that a lawyer that represents himself has a fool for a client. It is very difficult to represent yourself the emotions get in the way of good business decisions. But the answer to your question is that the lawyer cannot ignore you. If you have spent $200k, you must be close to resolution. You should at least get an attorney to look over your file and give you some advice on how to proceed. Unless you are worth tens of millions of dollars, I don't know how an attorney could have a bill of 200K. I had one case where the other side had a bill of $135K, but the estate was worth over 40 million. My fees were 15K. Good luck, Pat McCrary

Read more
Answered on 4/18/11, 9:39 am
Anthony Roach Law Office of Anthony A. Roach

Sooner or later the attorney for your husband has to communicate with you, to facilitate either settlement or litigation of the remaining issues. There is a state wide statute, Family Code section 271, that allows the court to sanction an attorney, party, or both whose conduct frustrates settlement and resolution of the case. Depending on where your divorce is filed, there may also be local rules that provide for communication between the parties and their attorneys.

Read more
Answered on 4/18/11, 1:44 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California