what to do when my ex won't answer my attorney for property division

by Prof. Favian Klein IV 6 min read

If your ex doesn’t want to give back your belongings, don’t argue. Just call your Raleigh divorce lawyer and ask if he or she can take any legal action toward your ex. Involving Your Raleigh Divorce Lawyer If your ex has threatened you or harmed you, consult your Raleigh divorce lawyer before you try to get your belongings from your ex.

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What can I do if my ex wants to sell my house?

Sep 17, 2020 · My ex still won't give me my property. I had a hearing for an order to deliver today as that was the next thing it seemed like I had to do as well as for contempt. Today, my ex admitted to the judge he put one of the dogs down ( worth tens of thousands of dollars) that was ordered to go to me (allegedly cancer but he said it was done last month ...

What to do if your ex-spouse files a contempt of court?

Aug 22, 2018 · As a client, track your attempts at communication to document the ongoing problem. Note the date and time of each call and who you spoke with. Unanswered emails can also serve as an electronic record of your lawyer ignoring you. A record of communication attempts can serve you well if acting against the lawyer later. Terminating the relationship.

What happens when a lawyer does not return your calls?

My Ex Refuses to Sell the House After a Divorce. There are various legal remedies which may be available to you when faced with an ex-spouse who is not cooperating with your divorce orders and division of marital property. The first thing an attorney will need to do will be to review the terms of your orders regarding the home.

Can my ex spouse be held responsible for my legal fees?

Tell your ex that you’re returning family heirlooms, like jewelry or antiques, which he or she may have given you during the course of your relationship. Avoid fighting—after all, you’re splitting up so you can live separate lives. If your ex doesn’t want to give back your belongings, don’t argue. Just call your Raleigh divorce lawyer and ask if he or she can take any legal action toward your …

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What do you do when a lawyer doesn't respond?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.Sep 27, 2018

How long should you wait to hear back from an attorney?

Scott Aalsberg Esq. A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

How long does ex have to remove belongings?

Depending on where you live, an ex can be given from 30-60 days to retrieve their belongings. While 30 days should be considered a minimum deadline, you should not set a deadline for less than 30 days. This is considered to be ample time for an ex to remove their possessions.Dec 27, 2016

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

Can I throw out my exes stuff?

Generally speaking, if a party is obligated under an Order to remove personal property items by a certain date, then that party may be held in contempt for non-compliance if that person does not remove the items, furthermore, relief may be granted for you to sale or otherwise dispose of that property.Sep 10, 2012

How do you know your ex is over you?

Signs to look out for:They're giving mixed signals. ... They blame you for the breakup. ... They're angry with you. ... They're keeping in touch with you. ... They flirt with you. ... They're bringing up memories. ... You still have some of their things. ... They're sabotaging you.More items...•Jun 27, 2021

What do you do with your ex's belongings?

The only way to legally get rid of your ex's stuff is:Send a valid document to your ex in which you inform him/her you'll dispose of his/her belongings after a specific date. ... Keep the items until the date you stated in the notice.Get rid of the things and throw a party.Sep 15, 2020

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

Why is my attorney not fighting for me?

File a complaint. Their job is to enforce Supreme Court rules of professional conduct. If you are not sure whether or not your complaint is actionable, you can call the Attorney Consumer Assistance Program (ACAP). They may also be able to help you resolve conflicts before a complaint is necessary.Apr 5, 2019

How to preserve a text message as evidence?

A text or email can also show the date and time a message was sent. To preserve a text message as evidence, take a screenshot of the sent text message. Make sure the picture shows who the text is sent to and the date and time it was sent.

Can you be charged with cyberstalking?

In extreme cases, you can be charged with cyberstalking for excessive harassing social media posts about the other parent. Anything you say on social media can be potentially read by a judge and it is not uncommon for attorneys to request access to your social media accounts as part of custody litigation.

What to do before terminating a relationship with an attorney?

Before terminating your relationship with your attorney, read your retainer agreement. The retainer agreement serves as a contract for services between you and your lawyer. It should clearly define the terms of your relationship and what happens if you chose to end it.

What happens if your lawyer doesn't handle your case?

If your lawyer fails to handle your case competently, including intentionally ignoring you or by being too busy to work on your case, you may be able to take action through a legal malpractice suit. Poor communication alone is not grounds for a legal malpractice suit, but if your attorney stops working on your case altogether it could escalate to a malpractice suit.

How to end a relationship with a lawyer?

To end the relationship, send a written letter, preferably certified with a return receipt requested. The letter should explain your concerns with the lawyer’s inattentive behavior and request a complete copy of your file.

Why is communication important in a lawyer?

Lack of communication is one of the leading reasons clients choose to seek a new lawyer. While lawyers are often busy attending court, meeting with other clients or preparing a case, persistently failing to return calls or emails can damage the relationship and case beyond repair.

What to do if your spouse won't sign the QDRO?

If your spouse won’t sign the QDRO, you will need a court order that directs the court clerk to sign on their behalf. Once you have that order, you no longer need your ex-spouse’s signature on the QDRO. It is also possible that if your spouse continues to resist, the court may order them in contempt of court. Filing a contempt request with the court in order to accomplish this is an option. However, it is usually much easier to file the motion to have the Clerk sign on their behalf.

What does QDRO mean in divorce?

Divorced spouses often contact us with concerns that their ex-spouse won’t sign QDRO, a qualified domestic relations order. The courts use a QDRO (pronounced “quaw-dro”) to officially divide a former spouse’s interest in a retirement plan or pension plan. If your spouse won’t sign QDRO, then you will not be able to complete the process ...

Can you file a motion for contempt of court?

Alternatively, instead of filing a contempt motion, you can file a Motion to have the Court Clerk sign the QDRO on their behalf. Filing a motion is often a simpler and less time-consuming process. Either way, the court may also hold your spouse responsible for legal fees.

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