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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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My wife left and I filed divorce but nothing is moving and I

Customer Question

My wife left and I filed for a divorce but nothing is moving and I am out of money from paying attorneys fees.My wife is being difficult because there is a house involved.
I had the money from an inheritance which I bought the house with after about 3 months of marriage to my spouse. I was only married 2years 5 Months.
What can I do? I want to get my divorce to move on with my life
The lawyer I have seem to be not aggressive enough.
I am going to take deposition for her so she can get her money from the insurance company. The amount she will get from the increase value in the house if there be any is less than her settlement.
i am willing to give her the settlement if she will just sign off my house and give me my divorce.
I asked my lawyer to present to her and her lawyer the good act i am doing BY GIVING A DEPOSITION IN HER FAVOR. so why cant she turn me the favor BUT MY l AWYER SAID HE CANNOT DO THAT.
Submitted: 1 year ago.
Category: Family Law
Expert:  CalAttorney2 replied 1 year ago.

Your lawyer is correct. You cannot "trade" a favorable deposition for a settlement (you are basically offering to commit insurance fraud).

I am certain you did not intend your offer to come across this way, but this is why your attorney refused to convey your offer on your behalf - while your attorney has an obligation to convey lawful settlement offers, they cannot convey an offer that is illegal.

Customer: replied 1 year ago.
My intention was to give the attorney information to work with .I though to share that type of information a good lawyer would know how to use that information in a positive way.
you did not address any of the other information
Expert:  CalAttorney2 replied 1 year ago.
I understand what your intent was, and that is why I didn't say you were trying to commit insurance fraud. But I am trying to tell you why your attorney is refusing to convey your offer - he ethically cannot do so.
I am not sure what other information I can provide you at this juncture.
If you are unhappy with your attorney, you have a right to be represented by the counsel of your choice, and you can hire a new attorney that you feel more aggressively represents your interests. Before changing attorneys, do ask prospective attorneys for their intended course of action (what do they plan to do), and how long they anticipate their proposed course of action taking. Be aware that they cannot force your wife to agree to anything, so their evaluation and course of action is an estimate, but you can get an idea of what their strategies would be if you did change attorneys.
You may find that your attorney is taking a reasonable and prudent course of action, and that like many individuals stuck in litigation (family law or otherwise) you are simply a victim of the lengthy judicial process and there is not much of a cure for it, and no quick remedy. But I do encourage you to speak to other attorneys, there is no harm in getting a second (or third, or fourth) opinion.
You can find local attorneys using the State Bar Association directory: , or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
Customer: replied 1 year ago.
Is it possible to get a divorce without the wife signature
Expert:  CalAttorney2 replied 1 year ago.
Only after trial, by entry of judgment.
Short of that you must get it by stipulation (the court is still going to have to sign off on it, but having both parties agree to it is going to be faster than going to trial in most cases).
Customer: replied 1 year ago.
Do you know any attorney that have a flat fee
Expert:  CalAttorney2 replied 1 year ago.

Attorney billing is done on an individual basis. You will need to contact attorneys in your area to explore what billing options are available to you. I will tell you that most attorneys in this field bill on an hourly basis.

Customer: replied 1 year ago.
I paid 35.00 how much advice do I get for that
Expert:  CalAttorney2 replied 1 year ago.

The site offers different subscription and per question billing rates, you will need to check with Customer Service to see what the status of your account is: http://ww2.justanswer.com/help

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

Thank you again, and again I wish you the best.

Bill

Customer: replied 1 year ago.
I have been asked to take a deposition for my wife. We are seperated.
I have not been subpoena but requested by my wife to take the deposition.
should I be paid for thi.
Expert:  CalAttorney2 replied 1 year ago.

No, if you are a party witness you are not paid witness fees. (I am sorry).

Customer: replied 1 year ago.
I am a distributor to the hospitality industry.
I bought walk in cooler and freezer from my supplier he only delivered part of the unit. The cost was18000.00 .the compressor is missing every time I call I am promised that the compressor will be delivered and set up but after 2 months.
should I go to small claims court or not.
what is the max a person can be sued for in small court.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You need to post each question in a separate post (while we do answer "follow ups" to questions in the same thread, you need to post different questions differently - this is both how we are paid as experts (so far you have not rated my service so I have not been compensated for assisting you), and how the forum is compensated for providing you with access to these services.

If you wish to post a separate question about CA Small Claims and breach of contract, I will be more than happy to assist you. You can direct a question to me specifically by starting your post with "For William B. Esq." and a moderator will notify me.