Legal Question in Family Law in Texas

I attempted to settle divorce with my ex prior to filing, in May they left me no choice but to file. Once they received court date, my ex hired an attorney. In September we went to a hearing and her attorney drew up the final decree with the QDRO paperwork and I agreed to all conditions. Now, I find out that the attorney won't file the paperwork because my ex has not paid the attorney. I do not want this matter to continue another 6 months because my ex has not paid the bill. They have until Feburary to pay the bill, and if I am correct, after that point my ex will no longer have legal representation. Should I wait until my ex no longer has an attorney and then file for a court date since I am representing myself or should I contact the attorney involved and try to resolve the issue before Feb. If no resolution comes before then, can I motion for a court date, file the papers given by the attorney that states what my ex and I have agreed to in order to move this forward.

If my ex has not paid the attorney and I file before the Feb deadline for payment, will the attorney postpone the hearing or just not show up to represent my ex which could force them into settling the case.


Asked on 12/11/10, 12:45 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Your remedy is to draft a decree (one that accurately represents the agreement) and submit it to the court yourself. Forget about your wife's lawyer; he's not important.

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Answered on 12/19/10, 12:26 am


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