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FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 681
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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I have been in a very conflictive divorce years. I cant

Customer Question

Hi
JA: Hello. How can we be of help?
Customer: I have been in a very conflictive divorce for 3 years. I cant afford my attourney anymore. My ex doesnt let teh process close. H delays on purpose just to make me spend in fees. I am wondering if there is an alternative to get out
JA: Has anything been filed in court yet?
Customer: yes, we filed and we are actually divorce
JA: Have you talked to a lawyer yet?
Customer: there are assest issues pending but I am am spending so much in fees that is not even worth it anymore
JA: Anything else you think the lawyer should know?
Customer: His attourney doesnt do any work and I have been the only paying for teh whole process. I was hoping to file a motion to get fees back
Submitted: 4 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 4 months ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues, contract law, and other types of law. I look forward to helping you today.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me? Thank you!

I'll be back in a few minutes after I type my answer. Thanks!

You are the ex wife? Are there any kids?

Customer: replied 4 months ago.
I am the ex. 1 kid
Expert:  FamilyAttorney replied 4 months ago.

Hi. I didn't know you were here. I was just about to sign off because I'm in the east but that's okay. What state are you in? It's not showing here.

Customer: replied 4 months ago.
CA
Expert:  FamilyAttorney replied 4 months ago.

Okay thank you.

What's left now -- the community property case -- how close are you or how far apart are you with your ex?

Customer: replied 4 months ago.
Not much left. Hoping we can close do that I ca file for fees over the entire case but he doesn't let's us move the case
Expert:  FamilyAttorney replied 4 months ago.

If your attorney isn't helping you and at this point there's not much left, you might want to finish the case by yourself. If you are close, and it sounds like you are, you can probably work out the rest with your ex and file a motion for legal fees. It doesn't mean you will get legal fees but you can try.

I usually tell people to get lawyers but if your lawyer isn't helping you and you're almost done, you might as well go the rest of the way alone if you think it's not worth it anymore.

Customer: replied 4 months ago.
How should I approach it with my attourney? It seems like I can tell him that I can't pay anymore but he will have to continue in the case to close it unless judge authorize him to withdraw. What do you recommend? I want him to stay and close asap
Customer: replied 4 months ago.
Can I file a motion for fees by myself?
Expert:  FamilyAttorney replied 4 months ago.

Sure, you can do a Request for an Order for legal fees.

http://V\http://www.courts.ca.gov/selfhelp-divorcerequests.htm

You can fire your attorney any time. You don't even need a reason.

If you want the lawyer to stay tell him you cannot pay a dime more. That you're done, no more money left.

If you don't want him to stay, you can fire him and tell him you're out of money.

Does this answer your question? I'm so sorry it's taken this long. It's so frustrating, I know. I hope it ends soon for you and that you can still get something out of it.

Customer: replied 4 months ago.
I want him to stay and finish all little pending a and settle what is left. Is he obligated to stay by the law?
Expert:  FamilyAttorney replied 4 months ago.

Not obligated but sometimes the judge won't let him off the case. Sometimes he needs permission to get off the case. It's up to the judge sometimes, otherwise you can just fire him. You may need court permission at this time to do so.

Customer: replied 4 months ago.
Ok. Will see what happens
Customer: replied 4 months ago.
Tx for your help
Expert:  FamilyAttorney replied 4 months ago.

Thanks and best of luck to you!

Let me know if you need any additional help. You can find me here just about every day and I'm happy to take any follow-up question from you free of charge.

Please let me know if you need any more information, such as where to find an attorney in your area, or anything else related to this question. Id' rather be rated positively and if I didn't answer all of your questions, I'd like to have a chance to make sure that I do. Thanks in advance for rating me. If you need more information, let me know as I’m happy to give it.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you.

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you!

Expert:  FamilyAttorney replied 4 months ago.

I found this for you:Re: your lawyer:

You're the boss. If at any time you're unhappy with your lawyer's services, you can fire your lawyer. You can fire a lawyer regardless of your fee agreement and even if your case is pending in court. Your attorney is entitled to payment for services rendered up to the time of dismissal, in accordance with your fee agreement.

Be aware that firing a lawyer after a suit has been filed usually requires the court's permission.

Expert:  FamilyAttorney replied 4 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

Customer/p>

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