How long should a legal separation take

[tmlink]

What is the name of your state? NC
I feel I am having a problem with my lawyer. I paid for a separation in January 2005, THe lawyer promised me that she would file all pertinant documents in January. It is now April, I've been told to get out of my home by my lawyer, and that I would be allowed to move back in after the ex has been served and given 30 days to move out. (this was to happen in Jan) It is now April, the lawyer still has not filed, I have been at wit's end as to know what to do? Should I fire the lawyer? Where can I go to complain about the no service from this lawyer? Will I be able to ge my fee back? NOTE: This has been going on since November of last year; The lawyer has also stated that she cannot get a restraining order against the ex to get her out of my home.

 

[sunshine1967]

What is the name of your state? NC

I feel I am having a problem with my lawyer. I paid for a separation in January 2005, THe lawyer promised me that she would file all pertinant documents in January. It is now April, I've been told to get out of my home by my lawyer, and that I would be allowed to move back in after the ex has been served and given 30 days to move out. (this was to happen in Jan) It is now April, the lawyer still has not filed, I have been at wit's end as to know what to do? Should I fire the lawyer? Where can I go to complain about the no service from this lawyer? Will I be able to ge my fee back? NOTE: This has been going on since November of last year; The lawyer has also stated that she cannot get a restraining order against the ex to get her out of my home.

YEAH I KNOW THIS ONE!!! I have actually had to do this. I am very sure I will get corrected if I am wrong.

One way to complain is to call your local BAR association representative. They have a way to file a complaint.

But that will not help you get this moving, and it will not get yoru money back. I ended up having to fire my first attorney, because basically she was a brand new attorney that didn't know anything (not that I do, but I paid her a bunch of money to know her job). She collected money form many people and didn't perform any services.

CUT your loses. I only got $100.00 back from my old one. Get a new attorney. OH Yeah first you have to write your attorney and tell her you are firing her and for what reasons, bacause then she has to file paperwork as being no longer your attorney.

BUT...and this is important! DON'T fire her until you have an attorney waiting in the wings. BECAUSE! When you fire your attorney, your papers that you filed are in limbo. What you want is to have your old attorney let go of your case and the new one to pick it up the very same day or the next day.

PS ...get a bull dog attorney with alot of experience, and expect to pay alot of money. That is if you want to win. I always tell my friends, FIGHT FAIR, BUT also, Fight HARD! I couldn't afford to fight hard in my divorce and I am still paying the price for that mistake.

BTW as for length of time for seperation - That is different in each state. Some states it is 30 days, some states it is more than a year.