Legal Question in Family Law in Minnesota
Is this normal?
My divorce was final in April, 2006. At that time, the judge appointed equal division of assets. However, my ex-husband has not complied (will not release my assets). He is in contempt on several counts. My attorney has sent his attorney ''warnings'' that if he (the ex) does not comply, then he (the attorney) will have ''no alternative but to proceed on the motion'' against him, which is to take him to court. My concern is that so far my ''simple'' divorce case has racked up fees approaching $30,000, with no end in sight, and the ''warning'' letters have degraded to the degree that they merely keep moving the date back - changing the supposed court date to a later and later date. I am quickly reaching the point where all my assets will be gone once my attorney is paid. I don't want to wait until it is all over, then find that I am broke, when there was something I could have done about it. Is this right? Or should I insist that there not be repeated warnings and chances, since the delay is costing me so dearly, in so many ways? I had been assured at one point, by my attorney, that my ex would be expected to pay some of my atty fees, however, he (the ex) was not held to it. Should I look for a different attorney? Thank you
1 Answer from Attorneys
Re: Is this normal?
Your attoney is likely taking a course that he/she believes will cost less to achieve its goal. However, there does come a point of futility where a Motion is necessary for contempt. Whether you have reached that point would depends on the efforts made to date.