Oklahoma City, OK asked in Divorce and Family Law for Oklahoma

Q: Is there an internet form I can print 2 vacate a divorce decree & submit N court ? Do U think I have cause 2 vacate? V

We signed a divorce decree >30 days ago , In District Court - Oklahoma City. I was intimidated, my attorney yelled! I would have to pay her $2000 more if she had to take this to trial ! Then she yelled I won't represent u at a trial! ( I've paid her using loans from my adult child's Cancer donations & from friends. She knows this, & that I have no more money) 2) I showed a SS document I had She said" I'm not talking about that, we're not going over that again." 3) Atty2 gave her a pg. from a 2016 tax return ,she pointed 2 line 16b" that's where the 401k went," she said. But 16b says, Taxable Income. 4) She & Atty2 began yelling at each other ,my spouse & Atty2 took a room across the hall. I asked a ? about income and she said , I'm getting angry ,and left the room. 2 of the conditions in the decree were not complied with in 10 days, they R still pending. For 3-4 days my spouse has called me & my kids( at their jobs) 2 ask me to sign a different version of decree, he put n mailbox.

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2 Lawyer Answers

A: It sounds to me like you hired a cut rate lawyer and received cut rate service.

You likely do not have grounds to vacate your divorce decree if one has been signed by a judge.

If there are substantial things you want changed in the divorce decree, you should contact an experienced competent family lawyer where you live for a consultation to discuss your decree.

Some things you may want to be changed maybe can’t be changed. Other things may be very difficult to change. Some things may be fairly easy to change. Some things may not have been adequately explained to you by your previous lawyer and, once you understand them better, you may no longer want them to be changed.

An experienced, competent attorney is going to charge you a fee and is going to want an hour or longer for the consultation. I personally charge $500 for a 90-minute initial consultation.

Ignore the issues concerning your previous attorney yelling, being mean, etc. Those are matters of inexperience and personality. You want answers to legal questions concerning what you want changed. If you want to vent about how mistreated you were, a counselor is much less expensive.

After the initial consultation, which should include a general discussion of what any legal action may cost, you need to carefully consider whether the changes are worth the monetary cost. From your question, it appears you were financially unprepared for the anticipated cost of a divorce proceeding.

Pete David Louden agrees with this answer

1 user found this answer helpful

Charles Watts
Charles Watts
  • Licensed in Oklahoma

A: Unfortunately, there are other things at play. Other sides of every story. I am sorry you feel your lawyer did not represent in the manner you felt best. Trials are expensive and there are costs involved in discovery that would have to be paid. In all my atty-client agreements they all have a stipulation for additional retainer for trials because of that fact.

I agree with my colleague in that you do not have much of a chance getting it vacated. However you can file for contempt or an enforcement in the parts of the decree not being adhered with. Contact a lawyer for assistance.

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