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I live in Tx and I filed for divorce over a year ago. She was

served and a court date...
I live in Tx and I filed for divorce over a year ago. She was served and a court date was set. She originally said she agreed to the uncontested divorce so when the court date arrives I'm there and she didn't show. Apparently she hired an attorney earlier in the day and asked for a continuance cause she did not agree to dividing all debt and basics. We owned no property or shared accounts. Very simple. We do have 2 girls and I'm already paying court ordered child support and standard visitation. So now its been several months and my attorney tells me that her attorney won't return emails or calls. She tells me its out of her hands that she has given her attorney the changes she wants. Its now been several months. 15 months since she was served. How long can my life be put on hold whilesh plays games. Anything I cando to speed this up.
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Answered in 53 minutes by:
6/20/2013
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,999
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Your attorney can file a motion for a status hearing/conference with the judge, which would force the other attorney to come to court and explain to the judge what the delay is. Your other option is your attorney can file a motion to set the matter for trial and force the case before the court. However, other than these two things, if you and your attorney are trying to settle this without litigation your attorney is right they have to just keep trying to get her attorney so they can settle this matter. It may be you will just have to pay your attorney more for litigation to demand a hearing date be set to change the divorce from uncontested to contested and go to trial, but many times getting a status conference before the judge will work because the judge will strongly encourage settlement if there are not any real issues to fight over.



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Customer reply replied 4 years ago

Thanks for the reply, that does shed some light. I don't really feel this lawyer is motivated enough to fight for me as a father if we go to court. I'm already 1500 into this divorce and I feel I'm no closer to being divorced than when I started. He wants another 1500 to represent me in court. If the ex would show me the changes she wants in the paper and I had my lawyer type them up what would remain to finalize?

Thank your you for your response.

You have a right to change attorneys if you choose to do so as there is no obligation to keep using the same attorney if you do not believe they are helping your cause. It could also be the case that her attorney is not responding because your ex has not paid her attorney and that is why her attorney is not doing any further work for her.

If the ex would show you the changes and your attorney typed them up, the only thing remaining would be for your ex to sign the papers.
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Customer reply replied 4 years ago

I think you nailed it by saying she may have not paid her attorney. And since I have no way of knowing that I'm just at her mercy.

Thank you for your response.

If your ex will not communicate with you when you try to call her to get her to sign the document (which you can do between the two of you without your attorney involved) then you can pay your attorney the extra $1500 and tell him to file a motion to move the matter to the contested docket and to set it for trial, that will move your ex to either act or not show up and then you can move for the default.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,999
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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