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pvrsewing · Dec 24, 2005, 01:51 PM

What is the time frame for filing an opposition to a vacate judgement of divorce settlement? You say, "Get a lawyer", but my daughter's attorney is obviously working for her ex instead of her. The bankruptcy attorney that represents her told her that her family attorney was supposed to have filed an opposition for her but he didn't do it. The bankruptcy is not her's but her ex's. The vacate judgement was filed on 12/1/05. Is it now too late to file one? Her attorney won't talk to her until she goes to court on 1/16/06. Her ex racked up more than $100,000 in less than 10 months. And committed all kinds of fraud in the filing but they don't want him, they only want my daughter's property and say they will take it. This is in southern Ca.

Fr_Chuck · Dec 24, 2005, 02:46 PM

Attorney, attorney, attorney, and if I did not mention it attorney.

If you believe your current attorney is not doing the best that can be done, change attorneys.

Of course during the actual divorce is where all the information should have been presented, and while I understand often one side or at times both sides never agree that property settlements are fair.

If the propery was given to the husband in the divorce settlement, in all legal terms it is now his and failure to give the property in the time frame the court set up would be contemt of the order.

I would advice wasting any more time and either ask your currrent attorney why it is not done, or merely hire an new attorney to review the divorse and see if anything can be done at this point

Also it is unclear what you are talking about as for as the bankruptcy, you are calling it "her" attorney" then you are saying she is not bankrupt but her ex is, then why does she have a bankruptcy attorney.

Also what attorney will not talk to her till she goes to court??

I would say that either she lost badly in the divorce and she does not like it and now his creditors want the property he was awarded in the divorce

But in any case if you are unhappy with the outcome you can hire another attorney to review all of the proceedings.

fredg · Dec 25, 2005, 06:37 AM

Hi,
I wholeheartedly agree with Fr Chuck. Tried to give "approval", but got "spread it around....." some more!
Please get another lawyer, because it is very, very obvious that this one is not looking out for your best interest. A new lawyer can file a quick motion to continue later.
I do wish you the best of luck.