Q: What to do next?
He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?
A:
If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or unable to provide satisfactory answers, he should consider filing a complaint with the state bar association regarding the lawyer’s conduct.
Given his financial constraints, he might explore seeking pro bono legal assistance or finding a legal aid organization that offers support for individuals on disability. These organizations can often provide legal services at reduced or no cost. Additionally, he can consider handling some aspects of the divorce himself using online resources and court-provided forms, especially if the divorce is uncontested and straightforward.
Regarding the residence with a second mortgage, it is important to address how the property will be divided in the divorce. He should gather all relevant financial documents and possibly seek advice from a financial advisor or counselor to explore options for managing the mortgage and dividing the assets. Ensuring that all financial aspects are clearly outlined will help in reaching a fair settlement and moving forward with the divorce proceedings.
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