Ask Me Help Desk - Follow Up To UnFair Ruling

I am the plaintiff in a divorce action which the financials were disposed of through a memo by the judge in Sept. 2007. I have not received a divorce decree or financial order as of yet to review and it is the month of November 2008. I have sole custody of my daughter who is 15 years of age, lastly, I have terminated legal representation in May 2008 due to financial difficulty.

I have contacted my former attorney through emails from Feb - May 2008 asking if he received any legal documents from the opposing attorney and/or firm, and my former attorney told me he received nothing as of yet. I just emailed him today being November 2, 2008 asking whether he received any legal documents such as a Divorce Decree or Financial Order from the opposing attorney and/or firm, and I await the reply.

I've contacted the county clerks office every month to verify whether any new events occurred on my case, and I was told there was nothing entered.

Just last week I was served a notice to appear in court on Nov. 18, 2008 from my x wife (not by her attorney) regarding past due alimony and the judge that was assigned to my divorce case signed the notice.

I thought I was suppose to receive a DIVORCE DECREE from the opposing attorney for my review and signature, etc...

I was waiting for the Divorce Decree so that I can pursue an Appeals case or Child Support case in Family Court.

I need advice.

What your really looking at are separate issues. During the divorce process some orders are temporary until they are superceded by the final orders. Those can include disposition of property ( whom might occupy the family home etc. ) also it may include spousal or child support.

So to answer your question as to a final decree being there. The answer is NO it doesn't for things to still happen. Another thing is that if your no longer represented and opposing party has a lawyer your allowed to call them for paperwork and they should have been notified anyway when you dropped council.

Quote:

Originally Posted by califdadof3

What your really looking at are seperate issues. During the divorce process some orders are temporary until they are superceded by the final orders. Those can include disposition of property ( whom might occupy the family home etc. ) also it may include spousal or child support.

So to answer your question as to a final decree being there. The answer is NO it doesnt for things to still happen. Another thing is that if your no longer represented and opposing party has a lawyer your allowed to call them for paperwork and they should have been notified anyway when you dropped council.

My former attorney prepared and signed (including my signature) a notarized consent to terminate legal representation form for the court, for myself, and for the opposing attorney.

I mailed out the form to the opposing attorney in May, 2008. My former attorney told me that he will go to the court house with that form to officially withdraw.

The last thing that I received from the supreme court was a memo from the judge, and that was it. The memo itself included his findings for financials. The case is disposed.

I was told by the county clerks office and family court that in order for me to appeal or to even file a case with family court regarding child support that I need a divorce decree or order prepared by the opposing attorney for my review and signature, then it will have to be given to the Judge assigned to my case for review and signature, then entered.

Please help.

I think they told you wrongly. Either party can put forth a motion at any time. Otherwise one party would have unfair advantage over the other. If you're the one seeking the motion then its up to you not the other lawyer to file. It's a case of designating plaintiff defendant. The name of the order might be different for your state but you should be able to file regardless so long as your case is valid.

Quote:

Originally Posted by califdadof3

I think they told you wrongly. Either party can put forth a motion at any time. Otherwise one party would have unfair advantage over the other. If your the one seeking the motion then its up to you not the other lawyer to file. Its a case of designating plaintiff defendent. The name of the order might be different for your state but you should be able to file regaurdless so long as your case is valid.

WOW!!

In the memo dated back as of Sept. 2007 the Judge sided up with my x wife and since she prevailed over the divorce case it seemed logical for her lawyer to draw up the terms based upon the memo dated back in Sept. 2007 for me to review, sign and eventually appeal.

I will go to the court house this week to resolve this issue once and for all

I spoke to a rep. from the office of "Self Representation" and I was told that I had to await the Final Judgment of Dissolution which in essence is the final order of the court that legally ends the marriage. The final judgment contains legally binding orders about other issues: spousal support, property division, and how property division is to be carried out, etc... One party (her attorney) is often required to prepare the final order.

***IT DOESN'T PAY FOR ME TO PREPARE THE FINAL JUDGMENT OF DISSOLUTION BECAUSE I DID NOT PREVAIL ON THIS CASE, AND DEFENDANT IS REPRESENTED BY COUNCIL AND I NO LONGER HAVE COUNCIL***

I never paid out the retroactive support, 401 k or legal fees because I was waiting for the Final Judgment of Dissolution and I wanted to appeal the decision based upon that memo.

Aside from the obvious which is obtaining new council (which I cannot afford right now) is there anyone that knows the laws in NY Matrimonial Actions that can guide me in the right direction to fixing this legal mess.