Legal Question in Family Law in New York
I need some real advice
It's been over 17 months since I filed for a divorce and over a year since my husband and I signed a stipulation of settlement. After the first three months I paid my lawyer over $5700.00. Not sure why or what he did to earn that. I called the court myself a month ago and was told by the clerk that the papers were sent back to my attorney on 1/10/02 and nothing has been done since then. I do not get any responses from my attorney and I don't know what I can do at this point. Should I still be waiting this long for my divorce to be final?
1 Answer from Attorneys
Re: I need some real advice
It is unclear from your item posted {& may not be clear to you, even} whether the court clerk indicated that the papers had been "sent back" as a completed packet; or whether the papers were sent back for correction or revision.
You should clarify that by way of a LETTER to the clerk of the court - - reciting your prior contact with that office and asking, specifically, whether the papers were sent back with any request for correction, etc.; or whether the packet - specifically, the decree - was signed by the Judge as "finalized".
You should send that letter by certified mail, return receipt requested
AND you should send a copy to your attorney, also by certified mail, return receipt requested. You might want to include a separate, short letter to your attorney, expressing your displeasure at his/her failure to respond to your inquiries.
Do Not rely on telephone contacts to pursue this. You need to create a "paper trail". So: be sure to keep copies of your correspondence, too.
If you do not receive a reasonably "timely" response from your attorney after this, you may want to consider making a complaint to the bar association in your county.
Regards, etc.,
J. M. Hayes
>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<