Advise Please

Xena

Ok here is my situation......

I went to an attorney back in November to get my divorce. She came HIGHLY recommended by several people. She asked me a lot of questions about my marriage, circumstances, bascially got all the information she needed to file the divorce for me. At that time she told me I usually charge X amount of dollars for a divorce but since yours is so easy (completely uncontested, all the assets have already been split up) if you can get your husband to sign the papers without being served I will do it for you for less. I agreed and paid her in full at that time. *sigh* now here is the part where ya'll will tell me how stupid I am cause it was all a verbal agreement (which is considered binding in Texas).

Anyway I get the paperwork in the mail and there are numerous errors including but not limited to her misspelling my daughters name and putting my social down wrong.....I called back and asked them to please correct these things, they did and resent the papers. I got my husband to sign them and send them back in.......I hear nothing from the attorney.....60 days go by....she had told me and the paperwork I had showed that on January 21st my divorce was filed....so after that date I call and am like "so am I divorced now or do I need to do anything else??" Her secretary tells me that they were waiting for me to call to proceed with the divorce, that we need to make an appointment to go before a Judge and have it declared final. She indicated that is was standard practice. I was a bit unhappy because no one had told me I needed to call...was glad I did cause I would be waiting forever...so I wait to hear back from them when we are to go and see the judge....don't hear anything for a week....I call back and her secretary tells me they need more information from me to type up the final declaration....again I was nice but a bit unhappy that they didn't get this sooner...but I was told a letter had gone out to me that morning detailing what they would need.

I got the letter today.....along with the details of the information needed is a little note at the end saying I have a balance due on my divorce...she wants me to pay the full amount now (not the one she told me she could charge me) since it appears there is more involved than she first thought. WHAT THE HECK???? I have had ONE appointment with her....I got the papers signed and mailed back like she requested....my husband is not contesting one single freaking thing...we have one child but have already worked out all the details on child support and visitations.

I left a voice mail for her because I got the letter Friday after work....I told her that we had a verbal agreement that she would do the divorce for X amount of money and I paid her that in good faith....and I refuse to pay her anymore and am extremely unhappy with the service I have received so far.

What should I do...lol sounds like a Dear Abby letter doesn't it...but I am so upset and I don't know what to do...I can't afford to give her more money and who is to say after I give her this she won't want even more later...

HELP!

Signed Undivorced ExJW

Vivamus

(((Xena))) Don't panic.

Now, I don't know anything about Texan laws, or getting dicorced, but wait till you get her response. And if she doesn't respond in a day, then call again. Since verbal agreements are binding there, you just keep reminding her of that.

Sorry I can't be of more help.

Sending you my hugs, Viv.

musky

I would check your phone book for attorneys that offer first consultation free. Explain your situation. It never hurts to at least make some calls.

Attorneys

Country Girl

Xena:

My divorce was filed in Austin. It *was* contested. Please call down to the Travis County District Court Clerk's office and find out what exactly is filed down there, using your cause number as reference. There should be a Petition for Divorce, A Waiver of Service, A Temporary Order of Support and Visitation (this could also be laid out in the Petition). The temporary orders should already have been signed. Since a child is involved, it seems that a temporary orders hearing would have been held already. These establish custody, visitation, and financial obligation in the interim. Once this hearing is held and all orders are signed, then only 60 days have to elapse before you go before the Judge with your attorney, get on the stand, declare you are not pregnant, asked if you want to change your name, and some other questions. You are then decreed divorce at which time the Judge signs and the final Decree of Divorce is filed. I would ask for a full explanation and a breakdown of expenses from her -- along with a WRITTEN explanation of why she did not explain to you that further expenses would be involved. If she does not provide satisfactory explanation, I would definitely call up the Bar Association adn file a complaint. I had an attorney do this to me when I was having custody problems. It is just sucky! Course.. I worked for them for 12 years so I know how sneaky they can be. I would advise to just call the District Clerk's office, find out what has been filed in your cause number, if anything, and go from there. It is very easy to do it yourself once you have that Waiver of Service to your ex signed. Please don't hesitate to contact me if you have any questions. I am not an attorney so my advice cannot be construed as being legal advice, but been down this road one too many times, and can help you with my experiences I think. My email is [email protected].

Edited to add: If your paperwork is stamped January 21st, you will be able to be divorced March 21st.

Country Girl

Edited by - country girl on 8 February 2003 8:49:47

Xena

Thank you for the {{}}} and support Viv...I really did/do need it This was kinda like the straw that broke the camels back.........

Musky I have an attorney friend (he specializes in construction law though not marital) who I am gonna call Monday and see if he can give me any advise on this situation.

CG, thank you for the advise especially this part:

I would ask for a full explanation and a breakdown of expenses from her -- along with a WRITTEN explanation of why she did not explain to you that further expenses would be involved. If she does not provide satisfactory explanation, I would definitely call up the Bar Association adn file a complaint.

And thank you for the breakdown of the paperwork....I had no idea of what divorce would entail....that is why I went to her, I didn't want to have to worry with it, I just wanted it to be over with. My biggest problem was I guess that I trusted her..lol yes what was I thinking...but she did come so highly recommended. I am going to be sure and thank the people who recommended her!

Having to deal with this alone has been very difficult for me, I come from a close family that was always there for me....now that they have left me out to dry and I am alone...well it is just hard sometimes....thanks ya'll for your help

safe4kids

Hey ((((Xena))))

I'm sorry to hear how hard things have been for you. Divorce is painful no matter what the circumstances but having to go through it without any support is even more difficult. It's unfortunate that you had to have an attorney as I think it's easier on everyone involved if it can be done without them but I also understand that desire to just have it over and done with, instead of prolonging the pain. Sounds like that was what you were aiming for but got the opposite. I hope that your friend is able to give you some helpful advice so that you can move on. Take care of yourself and little "Bubbles"

Dana

Xena

Thanks Dana, you know when my sister went thru her divorce the whole family was there for her...supported her and helped her out (me included)...now I am going thru it she just sits there judging me because I don't go to the meetings...sometimes I just get down because it is so unfair...and I miss my parents...and well life in general just sucks...

I just wanted to take the easy way out I guess and now I am reaping the consequences.....

Thanks again for your kinds thoughts for myself and Bubbles

SixofNine

Sounds like it is her passive aggresive way of billing more.

It is generally understood that Lawyers charge for every minute of involvement with you. But if the involvement is exactly what you first spoke about, save for errors on her part, then I think you have a very good case for asking her to stick to the original agreement.

Perhaps a letter is in order, wondering if "I'm being charged for extra time due to errors that originated in your office?". "If so, this is in error, and we need to take those charges off the total bill." You might include language that lets her know that you know there is (some) recourse for people who get shafted by lawyers, w/o being too confrontational in this first letter.

SixofNine

Also, Xena, you can take the paperwork she has done, and just finish it up by yourself. It's not hard, and the lawyer does not have to be there for the final decree. Sounds like CG can walk you thru it.

Skeptic

My biggest problem was I guess that I trusted her..lol yes what was I thinking...but she did come so highly recommended. I am going to be sure and thank the people who recommended her!

((((Xena))) Don't beat yourself up. How could you have known?

Those verbal agreements/deals can be costly. I've been where you are, and gotten ripped off big time. I avoid them now. I have at least two real horror stories, and a few minor ones.

Xena, I empathize. Try not to beat yourself up. Many people have been in similar circumstances to yours at least once.

Richard

Advise Please

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