My ex and I both signed a stipulation for divorce that was submitted many months ago for court approval. The stipulation came back as incomplete and needed revisions to a section that my ex's attorney was originally assigned to fill out and never did it. Since the original submission and the returned letter, my ex fired that attorney in a not so pleasant way and never paid them. They told my attorney they are not longer representing him. My attorney now will not finish the part they never did until they receive a letter from the other attorney stating they aren't representing my ex and they wont provide it until they get paid from my ex (its not happening!!!) What can I do? Im stuck in limbo and I feel like my attorney isn't representing me fairly.I have a zero balance with my attorney. The papers that need to be submitted are regarding changes to a previous family court order for child support that's been changed in the stipulation (without going to family court, which was originally done many years ago). The attorneys split the papers to be filed (the other attorney wrote up the stipulation, my attorney filed, for instance)
Was your wife's attorney officially relieved? If so, there should be no issue.
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That doesn't make a lot of sense - assuming that you're current in your billing your attorney should have no problem doing the work...and if he or she won't do work for which you are paying your alternative is to find another attorney.
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Either attorney can do the work, so have your attorney revise the paperwork and resubmitt.
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I do not know what "part they never did" but technically either attorney can file but usually the Plaintiff's attorney files the papers. There may be a situation regarding your ex signing papers and your attorney does not want to communicate with your ex without permission from his previous attorney. Find out what needs to be 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.
Your lawyer should request a conference with the court. The assigned judge will bring everyone in and direct everyone as to what needs to happen. Perhaps all of you will be able to put a stipulation on the record.
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