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CAN I PROCEED WITH COMPLETING MY DIVORCE ON MY OWN BEING THAT MY ATTORNEY WILL NOT GIVE ME MY SIGNED STIPULATION

Brentwood, NY |

I HAVE BEEN GOING THROUGH A DIVORCE FOR 1 YEAR AND 7 MONTHS AND IN THAT TIME I HAVE MADE PAYMENTS TO WHERE MY BALANCE IS 2,000 I WAS FOOLED WHEN I WAS TOLD TO COME INTO THE OFFICE TO SIGN PAPERS. THINKING THE DIVORCE WAS TO BE UNDERWAY I WENT ONLY TO BE TOLD I NEEDED TO SIGN THE STIP AND I WILL GET THE ORIGINAL ONCE THE BALANCE IS PAID SO I AM FEELING LIKE I CANT EVER GET DIVORCED.

AFIDAVIST OF SERVICE HAS BEEN FILED, THERE IS AN ANSWER ON FILE, THE SUMMONS OF COMPLAINT IS COMPLETE AS WELL. AS ADVISED PAYMENTS WERE BEING MADE AND THEY HAD TO UPDATE PLAINTIF / RESPONDENT DETAILS TO ORIGINAL BECAME NUL AND VOID. WE RESIGNED THE SECOND STIP WITH NO CHANGES OTHER THAN PLATIF / RESPONDENT DTAILS. ATTORNEY THEN SAYS YOU ONLY GET A COPY. ONCE FULL PAYMENT IS RECEIVED FOR BALANCE OF 2,000 I WILL SUBMIT AND START THE DIVORCE. THIS IS THE FINAL STRAW FOR ME SO I ONLY HAVE THE COPY. CAN I REPRESENT MY SELF WITH ONLY A COPY OF THE STIP

Attorney Answers 4

Posted

You can certainly try. But whether you will be successful or not is a different question.

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Posted

Not really sure what is going on. A divorce is started by filing a summons and complaint. A stipulation ("stip") is an agreement to resolve some or all the issues in the divorce. Sometimes, if the parties are being friendly and reasonable, we will draft and get signed the stipulation settling all the issues and file that with the summons and complaint, as well as all the final divorce papers. I can't tell, but it sounds like you have an uncontested divorce and your attorney wishes to be paid in full before he will complete the filings.

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Posted

You need to pay your attorney for the work that was done.

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons.

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Posted

Unfortunately it appears that there is a problem between you and your attorney regarding legal fees. You should do your best to resolve it with a payment plan or possible lump sum fee to cover any money owed and/or remaining work to be done. It seems you are pretty close to being finished and should do whatever you can to work it out.

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