Mediation not filed by spouse's attorney.

Asked over 2 years ago - Woodstock, GA

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?

Attorney answers (3)

  1. Rachel Aliza Elovitz

    Contributor Level 15

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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_assistan.... 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.

    This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice.... more
  2. Brett Ladd

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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.

    Good luck.

    You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do... more
  3. Howard M Lewis

    Pro

    Contributor Level 20

    Answered . 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.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more

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