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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-24-2010, 07:04 PM
2boys 2boys is offline
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Default Help! re Final Court Order

Custody, visitation and support...etc. were decided and made final last year by a judge in court. Neither party has asked to change anything and no motions have been filed since. However, I need a copy of the court order and when I called to see if I could get one, I was told that it still had to be drafted by the lawyer and filed! And this is 7 months later!

I called my lawyer and she said she would look into it but never got back to me. Some items on the court order were made effective immediately. Without a copy of the court order in my hands I feel like there is a contradition somewhere. Anyone else had this problem?
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Old 03-24-2010, 07:33 PM
Mess Mess is offline
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Someone else had the same thing a few weeks ago.

Yes, the lawyer is supposed to write up the orders and then the other side is supposed to agree that this is what was said in court, then you file them.

All the judge does afaik is write up a handwritten note that is barely legible like a doctor's prescription and hand it to one of the lawyers.

If your lawyer didn't follow up properly, you make sure they do it, you make sure they don't charge you extra, it should have been done during the hours they already billed you in the courthouse. If they try to overcharge you feel free to suggest you will complain to the Law Society. Also don't let them say "I'll look into it" and not get back to you for a month.
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Old 03-24-2010, 10:39 PM
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Quote:
Originally Posted by Mess View Post
If your lawyer didn't follow up properly, you make sure they do it, you make sure they don't charge you extra, it should have been done during the hours they already billed you in the courthouse.
I'll say!!!

WTF were you doing not to have turned over that stone 7 months ago?
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Old 03-25-2010, 12:09 PM
raminta@valetpublishing raminta@valetpublishing is offline
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Your lawyer is being negligent. Call and insist that they do this immediately. When you get your bill, check it carefully for what you've been charged, and if they are charging you for these services, calls, etc., tell them you won't be paying that and get your bill assessed. Lawyers charge like they do a good job, but so often they really don't. Good luck!
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Old 03-25-2010, 08:11 PM
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I was on legal aid. I was told the judges decision in the courtroom that day, both sides signed all kinds of paperwork and that was it. When I phoned the courthouse they told me that lawyers sometimes as really slow with the actual filing of the draft. I didn't know that copies don't just automatically get filed. I just realized this when I phoned there and they said there wasn't one. I wanted a copy because I am moving.
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Old 03-25-2010, 08:50 PM
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I should add that my lawyer drafted the terms on paper right then and there and then my ex signed but I would still like to have a filed copy!!!!!
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Old 03-26-2010, 10:26 AM
raminta@valetpublishing raminta@valetpublishing is offline
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The usual process is a lawyer comes back from court and within the next day or two they dictate an order, send it to the other side for approval, and then send it to the court for issuing. Once that comes back, it's sent out to everybody because particularly in family law, you might need that piece of paper to show schools, doctors, etc., etc. Whether your lawyer's taking legal aid or not, he's still supposed to do a decent job. I'm sure he'll get it for you now you've asked. It takes a couple weeks for the process to go through. If not, call and say you'll be forced to complain to the Law Society because you need this piece of paper. Even though you're on legal aid, you have every right to expect decent work, and he does know that.
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