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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 458
Experience:  Attorney with 13 years experience.
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I am in a mess of a divorce where there was a judgement

Customer Question

I am in a mess of a divorce where there was a judgement issued in my favor with disproportionate disbursement of assets due to qualifying for maintenance for marital misconduct. It was contested and the new judgement has most everything that was awarded taken out. My atty has intentionally wasted over 2 weeks of out 30 day deadline before he would even meet with me. I was told by another divorce atty thatbi needed to have whom file for motion to see the judgement aside so I could have more time to properly prepare a motion to contest or find another atty. My atty says that cannot be done. How can I get more time? Can I fowl this motion without my atty?
Submitted: 2 months ago.
Category: Family Law
Expert:  mmdesq replied 2 months ago.
Good Morning,I will try to best answer your question.You cannot file a motion you are selfish you are still represented by your attorney. You can ask your current attorney to file a request for an extension of time in order to obtain other Council to review the matter.
You should have all your Communications with your present attorney by email so you can prove what was requested and when it was requested. If there is an issue with owing fees to current attorney I would remind him or her that they are obligated to act in your best interest or withdraw from your case.If you are referring to an appeal of the judge's decision that is something different then what your question outlined above and does have a hard time frame that cannot be changed by asking for an extension. Since you did not say an appeal I am assuming that is not to what you are referring.I would strongly suggest request an extension of time and hiring new counsel if you do not have 100% faith in your present attorney.
Customer: replied 2 months ago.
I don't know if it is an appeal as it has not been referred to as that. Judgement was issued and I am given 30 days to contest his decision by filing a new motion. But my attorney is not acting in my best interest and is wasting time making it difficult for any possibility of another attorney stepping in at this point. We are certain there is shady stuff going between my ex, his atty, and the judge so my atty feels we can't win at this point anyway. I need more time tobsexure new representation. I do not owe my atty money at this point he was already paid to finish this.
Customer: replied 2 months ago.
why did you say I am selfish? I don't understand that first sentence.
Expert:  nicolas-cssm replied 2 months ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. ( Thank you, ***** ***** Customer Support Team.
Expert:  mmdesq replied 2 months ago.
I did not mean to say selfish. That was auto correct.Sorry. It sounds as though you were doing with an appeal and your attorney has also filed a request for reconsideraction. The request for reconsideration does not toll the time frame in which you have to file an appeal. You will not be able to obtain an extension of time ask for an appeal. The notice of appeal must be filed within 30 days. You should have your existing attorney file a notice of appeal if you are unhappy with a decision and then obtain new Council once a notice of appeal has been lodged.

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