Legal Question in Family Law in Ohio

I went through a divorce and my attorney did up the divorce decree. I signed it and it was forwarded over to the "ex's" attorney. They will not return it. They will not return calls, letters etc.

The magistrate has now ordered that if the decree is not filed within 10 days that we have to show up in court on 09-23 with our attorneys and the order also says something about the case being dismissed. I want to know what can be done legally about this? Will the magistrate throw out the case because her attorney is failing to do her job? I have spent nearly $10,000 for this divorce and I'm very worried about what can LEGALLY take place at this time.

Please respond ASAP. Thanks,

Tim


Asked on 8/27/09, 2:02 pm

2 Answers from Attorneys
Dan Guinn Guinn Law Firm, LLC

Your attorney should request that sanctions be issued against the other side if they fail to return the document. They should not throw out your case just because the other side does not want to comply. Who filed the divorce action in the first place?

Feel free to contact me, free of charge, at [email protected] or at 330-447-7634. I am happy to help in any way that I can.

Thank you and I look forward to hearing from you.

Dan Guinn

www.theguinnlawfirm.com

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Answered on 8/27/09, 8:13 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Normally, the attorney who prepared all the documents also provides a copy of the judgment entry for the decree. Have you considered asking your attorney to prepare and file this instead? Then you can take issue with the opposing counsel.

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Answered on 8/28/09, 6:08 am


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