Question:
My lawyer did not advise me that I had 30 days to appeal after the judge signed my divorce papers. Is there anything I can do?
My lawyer did not want to use mental health of my ex as a reason even though I had tape recordings proving. He also did not submit pictures of him working around the house and walking without his cane.my ex was falsely trying to claim he was disabled. It’s three months now and I still have not been able to retrieve the rest of my belongings. My ex was to give me a check within 45 days from Nov. 1, 2017. I have not received it and I have called and visited my lawyer numerous times with no result. I feel I my lawyer does not have my best interest at hand. He said it would take 1 year. It is now 2 1/2 years. Is there anything I can do at this point?
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Answer:
If the deadline to file an appeal has passed, you are not going to be able to file an appeal. You may have a malpractice claim against your attorney. That depends on the facts. You can file a contempt application if your ex is refusing to comply with the agreement. It sounds like you should consult with a new attorney to see what your rights are at this point.
Are you or a loved one having difficulties with a divorce appeal? Let one of our experienced Divorce lawyers help you through the situation.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Divorce Lawyer in Clifton Park. This does not consent an attorney client
