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I am in the middle of a costly divorce that has been going on for 2 years and 8 months. We were ordered to attend arbitration before the contested court date. I thought we had reached agreement during arbitration but her attorney is arguing over my military retirement and GI Bill benefits. No settlement papers have been signed (nothing was signed during arbitration) and we did not go to a contested hearing as my atty advised it was not necessary based on the outcome of arbitration. This was 2 months ago. I recieved an email from my atty today stating " if we must take the issue of what was agreed to in the Judicial Settlement Conference before the court, both XXX and I would have to be witnesses and each of you would have to hire separate counsel to argue the case and question the attorneys and parties as to the substance of the agreement." Does this appear to be the normal process after arbitration? I also get the sense that my atty and I aren't on the same page anymore. Any advice?
State/Country relating to Question: United States Already Tried: Currently have an attorney but I'm feeling that client/attorney relationship has changed.
Thanks for your question.Consider a change of direction here and a new lawyer if this goes back to trial on the remaining issues.You seem to be lost here and your lawyer has not guided you toward ending this matter. This does not appear to be normal to me--I think if you are unable to resolve here your lawyer takes it back to the judge. I just think your lawyer lacks a well thought out plan here with you to resolve this one way or another. You have questions--unless he can give you answers maybe you need a new lawyer to end this overall.It's a tough call because it is hard to start over but are you really progressing here--hard to see an end to this.
Lawyer
25 years in civil, criminal, family, probate, elder issues, and administrative law
Thank you. I appreciate your advice. It's a tough call since I am in this almost 3 years and over $40,000 but you are correct it certainly is hard to see an end to this. What's worse is that I initially did not even want this divorce, she had an affair I wanted to work it out she did not.
Anyway, thanks again. I think it's well past time to take a new direction.
Well I know you feel like you take a step back here when you get a new lawyer but then again the new lawyer knows you replaced one already here because they were not able to resolve it.Long term I think it's the way to go here to seek another lawyer.It really is like marriage--sometimes it works sometimes it doesn't and you end it.