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I am finishing up a divorce.. the documents I agreed to had 3 major changes... the lawyer
Made the changes but never asked me to initial... without my initials is this still valid...
Also a lien is going on my house... and lawyers have never asked for my signature... can they put a lien on my house without my signing... please answer I need to know
They can not change a formal filing without you actually signing all new paper work, they can not merely mark out and file. They would need to retype the document and have new ones signed.
If this is your attorney call them and tell them it is not accepted.
On the lien if it is part of the documents, in the divorce you are signing when you sign for the divorce papers.
Or if you refuse to sign, the judge can also just order it.
In NY it depends on the document - what document was changed and you initialed? I have seen Separation Agreements changed, initialed and filed.
If you have any questions you have to ask your Attorney before too much time goes by and you cannot correct an error - if there is an error.
Do you not agree with the changes that were made? FrChuck answered about the lien.
In some states the opposing lawyer can put a lien on your home if they ever have a case in court showing you were to pay attorneys fees. Also some states like California allow it as an automatic thing if you owe child support.
I am 80 yrs old and live in ontario... I know the lien is coming but how can they do this withut my signature... I have agreed to the lien
They put the lien by merely getting the judge to issue the court order for the lien, court ordered liens do not require you to sign or you to even agree to it.
I agreed to the lien... But never signed off... As it is my house... And mine only
If there was a reason for the lien, and court ordered, it is issued by the court and the judge signs it. If you signed agree to it, that is all you basically do, the judge then will issue it.
You agreed to the lien and, therefore, it was filed. I don't understand your confusion.
My confusion is that my lawyer called me 2 months ago to go and sign for the lien and then left the country for her wedding..
I felt if she asked to have me sign then so be it... but I haven't heard from her since... if either my ex or I die in the interim
And the changes are not initial or retyped.. then it leaves my
Estate in a mess... she is not here for me to ask
Then call her office and DEMAND to speak to someone who can answer your questions for you. You don't have to retype the agreement but I do believe you have to initial the changes.
Again - no one here knows what documents you are talking about. Someone in your Attorney's office does. She cannot accept your money and then simply leave without finishing the work.
Call her office and DEMAND an answer.
The papers are the divorce decree which we finished and signed.
Then I wanted 3 changes which she made in pen... she called again to have me go to the office and initial the changes... and took off... I have called and gone to her office to no avail... I am not pushing it... except if either of us die.. then the divorce may not be final and my estate would be messy... tks so much for your answers
Quote:
Originally Posted by yiger009
You can't change a divorce decree. It's an order issued by the Judge, perhaps for you to proofread but the relief has already been ordered. If there are errors in the decree (and the Attorney receives the transcript with the decree in order to compare the two, for proofreading purposes) the Attorney sends it back to the Judge so it can be changed to conform with the order from the bench. Then it goes back to the Attorney (both Attorneys, actually) for proofreading again.
Do you know for a FACT that the divorce decree has not been filed?
If this has gone on for months I would contact the local Bar Association in your area. The Attorney can't just "go missing" with no one covering for her, taking care of clients, finishing unfinished business, for months at a time.
Yes I do know... it went from his lawyer to my lawyer we all agreed what we would accept and I checked with the courts and it has not been filed.. probably still sitting on her desk.. she works alone with no secretary and I sure can't call the other lawyer... my concern was only that the changes would go through
Without my initialling them.. the lien is minimal on my home I am not concerned about.. but again I did not sign for it but agreed to it. I also don't have to pay until I die... or house is sold.. but how can anyone do anything without my initially all changes... I feel I am in a mess
It appears that your lawyer asked for your signature out of extra caution; to protect herself from liablility to you in case you later deny that you agreed. As others have told you, it's not necessary to get your signature in order to make the lien legal.Quote:
Originally Posted by yiger009
Therefore there is no danger that your estate will be in a mess.
p.s. we have never been to court... just mediation with lawyers...
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