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Solicitor string things out?

  • 4LClover
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13 Jun 13 #397078 by 4LClover
Topic started by 4LClover
Hi

As you will see, I am new here so apologies if this is in the wrong place etc...

A few months ago, my now should be ex-husband decided on a divorce.

Fortunately it was a week or so before the legal aid was being ended. He was unemployed, I have no benefits so he had to apply for legal aid and had access to a solictor, I have nothing. He saw a solicitor and things were supposed to be being processed. The solicitor was contacted for updates … nothing… then asked for marriage certificate… then sent a letter that said a judge would not grant it!!!
(Rubbish excuses as he is still in the house as there is no money for him to move out :() We are not the only ones in this situation and I understand that this is accepted now as many like us are stuck in the same location, negative equity etc

It feels like the solicitor is dragging this out as one of the last legal aid cases.

My guess is to contact the law society to see if something can be done as it all should have been over weeks ago as I am not contesting it, just want the thing over with asap.

Any suggestions? Should I contact the law society, if so is there a best way to deal with them etc?

Another problem is that he now has a job and worried that fees will now need to be paid, as ultimately that is money that cannot be spent on the children and if need to be paid due to the solicitors delay/messing around I feel the solicitor should pay it!

Assistance very much appreciated. :)

  • dukey
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13 Jun 13 #397079 by dukey
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If he complains about his free solicitor the solicitor can end the deal for breach of trust, breakdown whatever you want to call it, he won''t get another free solicitor, and he''s looking at £150-200 ish per hour.

  • 4LClover
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13 Jun 13 #397081 by 4LClover
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Super, so how DO YOU make a solicitor do their job?

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14 Jun 13 #397090 by dukey
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What makes you think they are not doing their job, is it just timing?, the fact the solicitor suggests the judge will not allow the divorce would seem to indicate there is more than meets the eye here.

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14 Jun 13 #397092 by 4LClover
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Humm well lets see, this was started back in March... I am not contesting it and we are now in June and no decree (sp?) Nisi or Absolute are though!.

NO paperwork has come though to me at all! Even though the solicitor has told soon to be ex it would be sent, in a few days ... in a few days...

There isnt any ''more to this''. Finally a few weeks ago my soon to be ex got a letter saying as we have to share a house and there is a mortgage, that due to a joint mortgage and where he puts his dirty clothes prior to him washing them was an issue!!! and due to these 2 factors a judge would not grant the divorce!

Now if that is not dragging it out what is?

Divorce is hard enough, I dont need this strung out. I have been though enough and I deserve better!

  • Gillian48
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14 Jun 13 #397093 by Gillian48
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Bit confused is it your solicitor your complaining about or your STBX? and are the grounds unreasonable behaviour? Because if so maybe the judge thought where he''s putting dirty clothes is not grounds for divorce? The Absolute cant be applied for until all financial matters are resolved - which could take a very long time? Also if you started the divorce proceedings in March - it''s only June now - unfortunately these things don''t happen very quickly? Every step takes months - well it did in my case!
Just wasn''t sure which solicitor you ere complaining about - and if you''re not happy with your solicitor change to one you are happy with.

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14 Jun 13 #397094 by 4LClover
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ok .... HE has a solicitor as he was on benefits and so could get one though legal aid.

I do not have one and cannot get one as I had and do not have any benefits (again applied but they are also running behind as should be sorted by now but not).

So he has had to come up with reasons to end the divorce as he wants to start again. (Long story as to why). He wants that fine, no point trying to change his mind.

So as I am not contesting all this sould not be that hard.

So by the sounds of it maybe need to do it ourselves so it gets done and not dragged out any more than necessary, and just get further into debt to do it.

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