Legal Question in Family Law in California

divorce

I've been thorugh a divorce that took 3 years. My ex appealed the judgment, acting as his own attorney (he's a retired lawyer). I paid $20,000 for the appeal, he paid nothing. I need to file a motion for attorney fees and/or a memorandum of costs after appeal and the appeals lawyer will not do it unless I pay him what I owe. I don't have the money. Can I do it myself? How soon must I do it? Thanks.


Asked on 2/04/07, 1:22 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: divorce

You have 40 calendar days from the date that the remittur is returned from the court of appeals to bring a motion for attorney's fees incurred on the appeal. You may want to ask the faclilitator's office to assist you on the motion, although you are certainly better off retaining an attorney. You can retain a different attorney to bring that motion. (California Rules of Court 26d) Pat McCrary

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Answered on 2/05/07, 10:14 am


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