I'm in California and I met with my lawyer last August 2015 and explained that I had already filed for divorce but my ex was not willing to agree on how to split the house. I told my lawyer that I just wanted to go to court and get it over with as soon as possible. I finally got a mediation date for April 2015 and a court day in May. A week before mediation, my ex told my lawyer that she wanted to agree to the proposal so that she didn't have to go to court. My lawyer submitted paperwork to the court letting them know that we were in agreement and that we didn't need a court date. My lawyer never got anything in writing from my ex and as soon as the court date passed, my ex said that she wouldn't sign the proposal. Why would my lawyer cancel the court date without getting the proposal signed? And what is the process to get another court date?
I would not take a court date off calendar on the basis of a promise only especially on a key issue. However, differing styles are found - there may be some writing - an email or whatever. A house issue is a trial issue so you should either file to bifurcate this issue, which might be quicker, or set that issue for trial. Some trial courts set the matters years in advance. Hopefully your court is not that busy.
If there is a writing reflecting a meeting of minds and now an about turn, you might be able to use this for sanctions under FC 270/271.
Your lawyer was trying to save you time, and money. That's why she did what she did.
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
I would have never taken off calendar the court date without a written agreement signed by the parties. Have a heart to heart talk with your attorney.
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