My court date for my divorce was March 27th. My ex's Attorney is suppose to be finalizing the Divorce Decree and my Attorney has called to see when it will be finished, but he has not returned her calls. I went through a horrible divorce with the ex lying on the stand about certain situations, me, and my family. We can not start the court order visitation for the children or child support until the Decree is signed by the judge who I believe is scandalous for allowing my children to be separated in the first place. How long can the Divorce Decree be held out and what can I do to speed it up. My Attorney wants to charge me an extra fee for her doing it. I do not have the extra money for that.Also, he has a restaurant that is $125,000.00 in debt and bill collectors calling him. We have four children, two boys and two girls. I have the girls and he has the boys. I have to pay around $238.00 to him and he has to pay around $789.00 to me. I need the divorce to be finalized so I can move on and the children can see one another more and child support can start. Again, what can I do?
Your attorney has offered to draft the decree, but she would be entitled to be compensated for the time she spends doing it. Therefore, it would appear you have a choice in either waiting for the other attorney to draft it, or to pay your attorney to draft so it will be done more quickly.
In theory, if it takes too long, you can talk to your attorney about scheduling a hearing -- in effect stating that if the case can't get settled by date X you'll just go to trial. However, that would probably take even longer and you will incur even more attorney fees (and possibly lose any benefit of the bargains you made in the settlement).
So, it all comes down to making choices.
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