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Cindy Brown · Nov 7, 2006, 01:48 PM

I have already gone to court for my divorce and was talked into settling and agreeing to a settlement after spending 9 hours at court without ever seeing the judge or being heard by the judge. I was not happy with the decision by the judge that my husband does not have to pay my attorney fees. This decision was reached in his chambers with only the two attorneys present, I was never allowed to argue my case. He was unemployed on the date we went to court, but expects to be employed within the next month. His salary has always been above $100,000.00 a year.
I never worked outside the home during our 15 year marriage. Since filing for the divorce almost 3 years ago, I have been employed but currently only earn $25,000.00 a year.
Having never been to court before and not understanding the law I thought my attorney had my best interest at heart. She did not. Now I owe $14,000.00 in attorney fees compared to his attorney fees of $5000.00. I did initial the agreement at court saying that I accepted it because my attorney was pushing me to do so. The judge then came before us and he signed it as well. Then the judgement was typed up and my ex has signed it and now they are waiting for me to come sign it so it can be filed with the courts. Do I have a right to say now that I don't agree and refuse to sign the judgement?
Why should his unemployement on the day we went to court be the only basis for him not paying my attorney fees? If he is employed again by the Dec. 11th which the judge ordered him to have a job by then, then why should he not be responsible for at least part of my attorney fees? He lost his job 3 months before we went to court, and now two months have passed since. He is taking his time looking because he is financially stable.
I however am not entitled to any of the money he has because it was from an inheritance.
He can well afford to pay my attorney fees when I am not. He is the cause of the divorce to begin with due to inappropriate behavior towards my daughter. I am being made to pay for his mistakes.

ScottGem · Nov 7, 2006, 02:02 PM

You need to fire your attorney and get a new one. You may want to sue your attorney for legal malpractice. Your new attorney can then advise you about whether to sign the papers or recant.

Cindy Brown · Nov 7, 2006, 02:22 PM

If I fire my attorney aren't I still responsible to pay her the $14,000.00 in attorney fees that are due?

ScottGem · Nov 7, 2006, 04:25 PM

Yes, but I think you may have a case of legal malpractice. Let her sue for it and then you countersue.

Fr_Chuck · Nov 7, 2006, 04:25 PM

Yes she will still have to be paid if you fire her ( and she will want her money then)

No you don't have to agree to any settlement unless you agree with it, until the judge rules. But your initial of it may be considered an agreement,
If you don't want to agree ( but understand that you still many not get what you want and even have to settle for a worst settlement if you don't)
One sides wins, or the other side wins, or they both lose believeing they were both cheated in some way. You are not going to be happey completely with any settlement and having to pay your own attorney is more normal than not.