what to do when the ex lawyer changes the divorce order

To change a part of your divorce decree, you’ll have to either file an appeal arguing that the judge made a mistake, or request a post-divorce modification. Post-Judgment Modifications At any point after receiving a divorce settlement, you can file a motion to modify certain aspects of the decree.

Full Answer

What should I do if I Change my attorney during divorce?

In some jurisdictions, this is called a motion to enforce. This is a legal extension from an existing case and usually requires the motion to be filed with the same docket number as the divorce. The same judge who made the decree is often assigned the case. With the motion, the attorney may attach evidence, such as the original divorce decree ...

What to do if a divorce decree is not followed?

 · As time goes on, either your or your ex-spouse’s life circumstances may no longer be the same, and certain issues in your divorce agreement may no longer be beneficial. In cases like this, you may be able to file to modify your final decree or …

Can a party ask a judge to make changes after divorce?

States that do allow modifications of property settlement agreements usually provide only a very short window of opportunity — typically 30 days after your divorce — for requesting the change. Demonstrating a change in your circumstances If you want a change in your divorce agreement and you and your ex don't agree on the change and you can't resolve your differences outside …

Can a divorce order be changed after a divorce?

 · ____ Take all other actions required by the divorce decree. ____ Pay all support when due. ____ If you change jobs, notify your new employer of any court-ordered support, if required by law to do so, to effectuate continued automatic withholding. ____ Keep your scheduled visitation times with your children. Post Divorce Questions? An Attorney Can Help

What happens if a spouse refuses to comply with a divorce decree?

If a spouse refuses to comply with the instructions included in the court order, there are usually ways to compel the spouse to follow the judge’s instructions.

What is a motion for extension of divorce?

This is a legal extension from an existing case and usually requires the motion to be filed with the same docket number as the divorce . The same judge who made the decree is often assigned the case. With the motion, the attorney may attach evidence, such as the original divorce decree and documentation that shows the violations of the court order. This is a written request that states the portion of the decree that is not being followed and for the remedy requested, such as payment for court costs and remedies related to the violation. The moving spouse must usually attach an affidavit to the petition.

What happens if you are found guilty of contempt of court?

Consequences of Being Found in Contempt. If the spouse is found guilty of contempt, the judge can punish him or her for not following the decree’s directions. For the first offense, the judge may let the noncom pliant spouse off with a warning. However, the judge usually has the discretion to order sanctions against the noncompliant spouse, ...

What is included in a divorce decree?

The divorce decree may include information regarding the couple’s children, such as custody, visitation and child support information . It may also include information about spousal maintenance or how certain marital property should ...

Can a spouse enforce a court order?

A spouse may need to enforce a court order if the other spouse is not complying with a material provision of the decree. For example, the other spouse may not be paying spousal support or child support. He or she may not be complying with the visitation schedule or parenting plan, such as by refusing visitation or failing to return the child according to the schedule.

Can a non-compliant spouse be sentenced to jail?

The judge may also be able to order the noncompliant spouse to be subject to a new parenting plan or to provide additional time with the children that the moving spouse lost due to the noncompliance. The spouse may be ordered to serve time in jail in some cases.

What to do after divorce is finalized?

An Attorney Can Help. Even though your divorce is finalized, it may take a while for you to adjust to your new life. After reading through this article, you'll likely want more information about what to do after your divorce is finalized, and you also may need to adjust alimony, child support, or custody. Your best option is to speak ...

Is divorce over with?

The divorce is finally over with. You breathe a sigh of relief. No more papers to file, no more documents to complete, no more red tape. Well... not quite. Even after the judgment is entered, there are certain steps that you must take to tie up loose ends and make sure that the financial and legal aspects of your life reflect your newly single status. And if you have children, you and your ex-spouse will still need to cooperate for their benefit.

How to speed up divorce?

For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...

What happens if you don't respond to a divorce petition?

Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.

What to do if your spouse refuses to attend mediation?

Additionally, if your spouse refuses to attend mediation you can ask the court to schedule a settlement conference. Settlement conferences typically take place at the courthouse in the judge’s chambers. Your spouse may take things more seriously if a judge is involved.

Do divorces take time?

Couples with more complicated assets and custody issues usually have longer and more expensive divorces. Some aspects of a divorce simply take time. For example, in many states there’s a mandatory waiting period in a contested divorce.

How long does it take for a divorce to be uncontested?

However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.

Can my spouse delay my divorce?

If you filed for divorce, your spouse may want to delay your divorce to see if you can patch things up. A spouse can continually ask for court extensions or may refuse to respond to your filings. However, your spouse’s failure to file a response to the divorce petition can actually work in your favor. After you’ve served your spouse with a divorce complaint and the response deadline has passed, you can seek a default judgment.

What is the first step in a divorce?

Your first action is to read your agreement or order carefully and be sure that you are in compliance with its provisions before you ask a court to enforce those provisions against your ex-spouse. Under the equitable legal doctrine of “clean hands,” the law will not come to the assistance of a party who does not have clean hands himself. So first make sure that you have complied with all of the terms of your agreement or order and have acted in good faith before you go any further.

Do you have to enforce a divorce order?

Although an unwelcome chapter in your post-divorce life, the need to enforce your divorce agreement or order need not take over your life. Utilize a thoughtful, step-by-step approach with the right professional to help you get beyond it.

How to terminate a lawyer?

Inform your old attorney by mail or in person (with a letter of termination in hand). Any correspondence with your old attorney (mailed notice of termination or a letter you hand over) should include: 1 The date the termination is effective 2 A request to have your case paperwork and a copy of your client file sent to your new attorney (expect to pay for copying and delivery)

How to inform your old attorney of your termination?

Inform your old attorney by mail or in person (with a letter of termination in hand). Any correspondence with your old attorney (mailed notice of termination or a letter you hand over) should include:

What to ask an outgoing attorney for a bill?

Ask your outgoing attorney for a complete bill, including an accounting of any retainer and how it was used (this helps determine if any of the retainer should be refunded to you).

Does a lawyer return retainer fees?

Your replaced lawyer will return all paper work and files to you, and return any portion of a retainer fee not already used or allocated for work done but not yet billed.

What is the relationship between attorney and client?

The relationship between attorney and client is both professional and personal. You and your attorney have to feel comfortable with one another. Though you may have signed a contract with your lawyer, you are not compelled to continue in the case if you doubt your attorney (for reasons we will get into in a moment).

Can you put a pinch hitter in a divorce hearing?

If you doubt your attorney’s ability, the night before your divorce hearing is not the time to try to put in a pinch hitter. The judge will refuse to accept the notice of withdrawal, since such a late substitution will disrupt proceedings; you will be stuck with your first lawyer.

Figuring Out the Problem with Your Divorce Attorney

Before you do anything rash, it helps to identify the problem with your divorce attorney. Why are you frustrated? What exactly is the problem?

Time for a Reality Check

After you know what the problem is, your next step is to figure out the source of the problem. Is your divorce attorney the problem? Or, is it you? (Ouch! Hang with me here. You may not want to hear this, but if you’re willing to be just a little bit self-reflective, it could save you thousands of dollars.)

What if Your Divorce Expectations are NOT the Problem?

Once you’ve ruled out your own expectations as being the source of your problem, the next step is to take a good, hard look at your attorney.

What Happens if You Change Attorneys During Your Divorce?

Just because you’ve determined that it’s time for you and your divorce attorney to part ways, that doesn’t mean that doing so will be easy – or cheap! If your case is in court, you may need permission from the judge to fire your attorney.

The Cost of Changing Attorneys During Divorce

Your new lawyer will have to review everything that has gone on in your case up to that point. S/he will have to go through all of your financial documents, and your spouse’s financial documents. Of course, you will have to pay your new lawyer to do all of that.

What if Your Attorney is Leaving the Law Firm?

If your divorce case is being handled by an attorney who is leaving the law firm that represents you, you have a different kind of problem. Your lawyer may have been doing a great job, but now you’ve got a dilemma.

Figuring it All Out

The bottom line is that changing divorce lawyers before your case is over is a big decision, and not one to take lightly. At the same time, if you have a good reason to change attorneys during your divorce, then NOT making a change can be a big mistake, too.

What happens after a divorce?

Divorce. After weeks of negotiation, you and your soon-to-be former spouse agree to a divorce settlement which makes everyone happy. All issues, from child custody to the division of property are decided and agreed upon, and you are finally ready to move forward with your life.

Why is it necessary to change a divorce decree?

Because changing a divorce decree can be so difficult, it is necessary that both parties to a divorce are satisfied with the terms of their settlement agreement and are willing to live by them for the foreseeable future.

Can a divorce decree be changed?

Finally, the judge may agree to change the divorce decree if both spouses consent to, and sign off on, a. new agreement. In this situation, the judge will usually allow the changes to the decree unless it harms the former couple’s children or is unfair in some way.

Can a court agree to divorce if one person commits fraud?

In general, a court will only agree to do this if either circumstances have drastically changed, or if one person can prove that the other committed fraud during the divorce negotiations.

What happens if a spouse changes their mind after divorce?

If a spouse changes his or her mind after the divorce decree is entered, he or she will have limited options. For example, a person who is unhappy with the divorce decree cannot appeal a judge’s decision if he or she signed off on the paperwork. Instead, that person’s only option would be to convince the court to reopen the case and rescind ...

Can a judge throw out a divorce settlement?

Filing a motion does not mean that the judge will agree to throw out the settlement—divorce settlements are a contract, and judges assume that adults enter into contracts after thoroughly reviewing them and contemplating their options. However, it is easier to rescind a divorce agreement before it is entered into the divorce decree than it is to change it afterward.

Can you reverse a settlement agreement?

Since nothing has been agreed to, there is nothing to reverse or stop. Once the paperwork has been signed, there is a limited amount of time to rescind the settlement agreement before the judge finalizes it.