Legal Question in Family Law in Texas

Hello, I need help. I filed for a divorce in February 2009. We got married in February 2000. We have no kids. All property (including one real estate) has been divided in the mediation in August, 2009. Due to my extensive business travels I had to go for the prove-up to the court at the beginning of September, 2009, and the judge declared that the divorce will be granted upon receiving the final decree.

And, than "fun" started. My husband's lawyer was supposed to write the Decree. It took him 2.5 months to do so. When we got the Decree, it was substantially deviated from the Mediation Agreement. My lawyer sent a letter to my husband's lawyer with our objections. It took him another 2.5 weeks to reply with the statement that if I do not like his worded Decree, we would need to go back to Mediation. It seems that my husband lawyer deliberately delays the process. More, I feel that my lawyer a little slow with the process as well. I feel, unless I call, nothing is followed up on my divorce.

I need an advice on how I could expedite my divorce. I do not want go back to Mediation. What could I do?

Thanks.


Asked on 12/16/09, 8:39 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Your lawyer should draft his own version of a decree and file a Motion for Entry of Order ... and get that set for a hearing. Tell your own lawyer that this is what you expect him to do. Five months is WAY too long.

You do NOT have to go back to mediation. That's ridiculous.

Your situation is all too common - you caught a "do-nothing" lawyer on the other side of your case.

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Answered on 12/22/09, 9:17 am


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