Legal Question in Family Law in California

Obtaining final divorce paperwork

Regarding a divorce in San Diego County, CA:

Although my Mother has paid her attorney in full, paid off her former husband for his share of their home, signed an agreement for division of property, and has an Interspousal Transfer Deed signed by her ex, her attorney has told her she can not get a final dissolution of marriage because her ex has not paid his attorney. How can she get her final paperwork so she can refinance her home?

Also..

Her ex has not removed his property from her home claiming he has no place to take it. My Mother has given him more than enough to rent a place to live. Her attorney said there is nothing she can do because her ex's attorney will not discuss anything regarding this case until she has been paid for her legal services. How can Mom legally get rid of his property?

Thank you for your help.


Asked on 5/15/99, 3:52 am

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Obtaining final divorce paperwork

Your letter doesn't make sense. If all matters have been dealt with in a written agreement, why wasn't that submitted as part of a final judgment? If not, then your mom's atty merely needs to either ask for a trial date or bring a motion for bifurcation. Whether husband's atty has been paid or not is not relevant. Why is mom's atty allowing the other atty to control?

Property: Bring a motion asking that any property not removed within 2 weeks or whatever shall become the property of your mom to dispose of as she wishes.

Matt Kremer

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Answered on 5/20/99, 1:20 pm


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