Ok, it's been a year since the mediation for this divorce was done... my attorney sent it to hers and didn't folow up, but it's been siting with her atorney since it was done... what can I do?
There are a few things you can do.
First, I'd be getting on that phone and calling and scheduling a time for a telephone conference or face-to-face meeting with your attorney. Let the attorney know that you want him or her to contact the Opposing Counsel and advise that if the mediation agreement is not finalized, signed, notarized, and filed within the next 7 - 10 days (or whatever time you and your attorney decide is reasonable under the circumstances), then you will be filing a Motion to Enforce and seeking an award of attorney's fees pursuant to OCGA Section 9-15-14 (a) and/or (b).
Second, call the Clerk of Superior Court, provide your Civil Action # (on the top of the pleadings in the case - right hand side), and ask if they show that a mediated agreement has been filed. It may be that the draft prepared at mediation, if the parties signed at that time, was filed with the Court, and if your spouse was the petitioner, then he or she may have already taken a final divorce. Of course, your attorney should have sent you a copy of the Decree. If not, you should request one from him or her - or you can get a copy from the Clerk of Superior Court.
Third, if the agreement was not filed and your attorney is not responsive, you can try calling CAP at http://www.gabar.org/programs/consumer_assistance_program/. It is the State Bar of Georgia's Consumer Assistance Program. CAP can do things like reach out to the lawyer and request that an update on the case be provided to the client.
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I am sorry but something doesn't sound right. I would contact your attorney and specifically ask what the timing of this is and why it has not moved along, if you cannot speak with your attorney for whatever reason, I would check with the court to make sure nothing has been filed, this doesn't sound right. Take care and hope that things work out.
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Sadly, I hear of several people in your situation. Have a chat with your lawyer, find out exactly when he sent it to your ex's lawyer, and what was sent. Then, if all is as he said, ask if he can file a "motion to compel" the other side to do something....
Often, in my experience, these things arise because the other attorney has not been paid and simply doesn't want to bother... Or, your ex is comfortable with the way things are so he/she is not moving things along... Hang in there and talk to your lawyer.
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