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Settlement finished, now she wants to appeal. Need advice please

Discussion in 'Division of Marital Property' started by postpone, Dec 1, 2011.

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  1. postpone

    postpone Law Topic Starter New Member

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    My divorce settlement, lasted almost 3 years. It was finally decided upon by a judge this past spring. However, my ex wouldn't sign the settlement form. Her attorney tried to contact her for months for a signature and finally he had to review transcripts to ensure everything was correct and he signed for her. This was mid September. About a week ago I get a letter from her attorney stating she is now going to appeal the decision. I'm not sure what to do. In the settlement, she got well..a lot, I paid most bills and after everything the final judgement she owed me about $5,000. I never expected her to pay me, I was just happy to be done with it. I'm just unsure what my options are. I don't think $5,000 is worth an appeal, I think this is just about her being hateful. Am I supposed to cross appeal? How many times can she appeal? How long will an appeal last? Does it go to another Judge? I would like the settlement to stay as is, but I am tired of her using the court system to harrass me. Thank You for any advice.
     
  2. army judge

    army judge Super Moderator

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    You should consult your former attorney.

    Ask him or her, the questions you posed here.

    In fact, if you want to become informed, seek the counsel of two or three additional attorneys.

    You're doing yourself a disservice in this important matter by asking uninformed strangers on the Internet.

    You may feel she's being spiteful, but legally, she's merely availing herself of the full legal remedies allowed in these matters.

    You'd be wise to do the same by preparing to defend using an attorney you trust.
     
    Last edited: Dec 1, 2011
  3. Proserpina

    Proserpina Moderator

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    Exactly what is she appealing?


    The attorney signed for her without her consent?

    That may - depending on their agreement - indeed form the basis for an appeal.
     
  4. Disabled Vet

    Disabled Vet Well-Known Member

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    I would except the winch to pay me... if she can pay the attorney for the appeal.
     
  5. postpone

    postpone Law Topic Starter New Member

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    I've called my attorney 4 times, no call back as of yet. I just received a notice of entry in the mail that her attorney is no longer her attorney. I do plan on speaking to other attorneys, I'm just waiting to hear more. Her attorney is the one who filed the appeal, so I'm unsure if she has to get another attoney or what is going to happen next. I am unsure exactly what she is appealing.
     
  6. disagreeable

    disagreeable Well-Known Member

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    It sounds like her former attorney has washed his hands of her. This is a good sign for you.
     

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