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Rose Zapor
Rose Zapor, Family Lawyer
Category: Family Law
Satisfied Customers: 81
Experience:  Ten years as a Family Lawyer, Published author.
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My daughter is getting a divorce from a man who has been physically

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My daughter is getting a divorce from a man who has been physically and mentally abusive. They have been married about 7 1/2 years with 3 of those years fighting over divorce. Custody of the children is with my daughter. He is trying to get more time for visitation. He is a Felon with a hx of drug trafficking. He was arrested and incarcerated under criminal law for physical violence against my daughter during the divorce proceedings. Her attorney is saying that Child custody has to be determined. I now owe over $25,000 and do not have divorce in sight. I recently asked for proof of filing and was told there is no judgement. This seems to be a simple divorce. No property. Why is this taking so long and how can I stop the bleeding$$?
Dear Furious:

Although I do not know this, it sounds to me like your lawyer is not putting your case at the top of his pile. Does he/she only do divorces? How many cases do they have right now in their office and how many are going to trial? You can find out if your daughter's case has been filed by taking her to the court house and asking to see the file. You also have a right to see the file maintained by your lawyer by asking. On the other hand, child custody cases are the longest and hardest fought. $25,000.00 is not unusual, depending upon the hourly fee charged by your lawyer. Ask for a meeting with the lawyer, demand to know the time line for completion of the case, an itemized statement of the time spent so far, and an estimate of the amount that will be spent. After the case is over, if you are not satisfied, you can ask the local bar association for help in mediating the amount actually due to the lawyer.

Good Luck,

Rose

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Disclaimer --- There is no attorney/client privilege created by this exchange and the answer being provided is informational only and does not constitute legal advice.

Customer: replied 7 years ago.
He does not do only divorces. He is busy but I don't know how many cases are in trial. I asked for a copy of the "filing" of the divorce on Feb 11, 2009 and asked that it be sent to me by 2/27. I received, on 2/28 a letter from his billing person stating that there is no judgement and that a judgement cannot be entered until the issues of child custody, child visitation and child support are resolved between the parties. I was angry that the "biller" answered my law question and did not even respond appropriately. My daughter is willing to forgoe child support because she knows he will never pay her. He has only given her a small amount in the 3 years. I have been supporting her and the children and paying for this divorce. Is is true that child custody has to be settled before a divorce is granted? Thank you for your responses.
You are right, that response is not sufficient. Go to the office and demand to see a copy of your file. Child support belongs to the child and the court will order it, whether she ever sees a dime of it or not. Child custody and the divorce are granted at the same time, normally. So there should be a date set for permanent orders already in order to complete this case.

Good Luck,

Rose

If you like my answer, consider paying a BONUS.

If you have another question, please contact me atCustomer

Thank you.

_______________________________________________________________________
Disclaimer --- There is no attorney/client privilege created by this exchange and the answer being provided is informational only and does not constitute legal advice.

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