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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 09-08-2011, 10:10 AM
Femme Femme is offline
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Default So confused/court order

We had our case conference back in January. Ex's lawyer wrote up an agreement. I said that I agreed to everything in his agreement and would sign, as long as we could add a date in there to divide the contents of the apartment/pick up the rest of mine and our child's belongings.
I provided them with a list of what I wanted.
They stroked over half the stuff off the list saying that he didn't have it or I simply couldn't have it. Basically they said that I could go pick up a blanket and some dvds.

Due to that--I refused to sign the agreement during the case conference. His lawyer went on a spiel to the judge about how I was wasting their time/the thing could have been signed. He asked the judge for me to pay $1000 to my ex for lawyer fees.

The judge ordered me to pay $300.

When we left the court building, my lawyer asked me if I would just sign his agreement at that point. I signed it then, because I was so discouraged after just being fined $300--by what happened, I thought the judge was allowing my ex to keep all contents of the apartment and that he did not have to give mine or our child's belongings back to us.

I was in the process of getting a new lawyer after that happened.

I had no clue that we had an actual court order. I never received a copy of it. My past lawyer never ever told me what she did with that agreement that I signed later that day.

My new lawyer just got a copy of the order----apparently this order was signed by a judge in April.
The order stated that I was permitted to get the stuff on the list from the apartment back in February.

I had no idea--and how would I, if the order wasn't even made until April???? How can they make an order and tell you that you can pick up your stuff 2 months prior???

Would the judge mean that I could get everything that was on the list....or just the blanket and dvds? (LOL that would be bullsh!t)
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Old 09-08-2011, 04:18 PM
divhelp divhelp is offline
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a court order applies until it's changed by another court order
if the court order says you are supposed to get your stuff, you can take enforcement action to get it
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Old 09-08-2011, 09:52 PM
High Road High Road is offline
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When a judge makes an order, it can take months to actually get "filed". In my experience, the judge when he/she has made a ruling, asks the applying party's lawyer to draw up the order. Once it's drawn up the lawyer then forwards it to the judge for signature/approval. Once it's signed and "filed" both parties lawyers will receive a copy.

I found that out the hard way when my lawyer, although asked by the judge, failed to draw up the order... I left court feeling pretty good about the order. A few weeks later, with no action on behalf of my ex or his lawyer, I asked my lawyer to pursue, his reply was that we didn't have an order. I couldn't believe my ears. I took off work and went to the court and got a copy of the minutes of the hearing which confirmed that the judge did issue an order.... I then had it drawn up and filed.. Whew!

THe long and the short of it - you should still be able to get your things, but.. here's the but .. your lawyer is your representative in court, it's also his/her duty to keep you informed. Even though he made an error by not telling you that you coud get your belongings,,, you might have to live with it.

Couldn't hurt to have your lawyer email his lawyer and ask for a date to get your belongings.
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