Timely court order (paying for something the court has ordered)
This is a discussion on Timely court order (paying for something the court has ordered) within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I live in South Carolina and I’m trying to get a divorce. We have lived separately since September of 2009 ...
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I live in South Carolina and I’m trying to get a divorce. We have lived separately since September of 2009 and we had the temporary hearing involving our case on January 20, 2010. The court ordered her attorney to prepare the court order, but he has not done so as of this date (April 7, 2010). My attorney has sent at least 2 letters to opposing council asking about the progress of the court order, but we have heard nothing back. My attorney can write up the court order, but I do not want this because I would end up paying for something the court has ordered her attorney to do. I would like to know if there is something I personally can do to help get her attorney to write up the court order. In other words, how do I get him to be accountable? Whose job is it to hold him accountable? I have asked my attorney these questions, but I am not getting anything substantive in return. He just said the court likes to have it within 30 days, but we are well over 60 days at this point. Can I call the judge’s office and if so, will it do any good? Isn’t there some kind of true time limit in which this must be done? This is important, because we can’t seem to move forward until this court order is completed. Please help!
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#2 |
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Ask your attorney to file a Order to Show Cause. The opposing attorney needs to explain, in front of a judge, what the holdup is. Also, instruct your attorney to write the opposing attorney a letter outlining the OSC, and that his client (you) is seriously considering filing a complaint against his (opposing attorney) license for incompetence. If the opposing attorney cannot due his job with due diligence, he should go sling hamburger at McDonald's. That's pretty elementary and should not affect his brain cells too much.
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Incidentally, I do hope you are not being saddled with your ex's attorney's fees. If you are, even more reason to file a complaint against the birdbrain.
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