? RE:Suing for attorney fees

iVillage Member
Registered: 05-04-2005
? RE:Suing for attorney fees
5
Mon, 03-12-2007 - 3:06pm
Hi everyone,
new to this board though I'm known to lurk around on ivillage from time to time. I know most of you are dealing with issues regarding divorce, I am divorced and I am with someone who unfortunately is not yet.
He and his x have been separated about 2 1/2 years. They filed everything a long time ago while we were dating but she wanted this and that and the other thing and dragged her feet. We got engaged and had a baby all in this time and unfortunately the paperwork STILL is not signed - she's sucking off of it to get insurance because when the deal is done she won't have any AND I'm sure she's doing it to piss us off because she hates the fact that he's moved on and has another family.
Because they were supposed to settle everything amicably (well actually her way and my fiance was just supposed to agree) they were getting everything done for $500 and were supposed to be done with it, but of course since she wanted her cake and to eat it to he eventually got his own attorney which we weren't planning. They (my fiance, his x and their attorneys) had a meeting in October - she supposedly agreed on EVERYTHING, then sat and sat and sat on her little princess tush backing out and said she changed her mind. We keep sending correspondence over and she sits there like a lump. It's cost us $2500 so far and now another $600 for drafting up paperwork. She has dragged this thing out I know to piss us off, what I'm wondering is can we sue her for attorney fees because of her dragging this out and incurring extra costs involving more correspondence to things she had agreed to and then decided she was going to change he mind and sit there and watch the grass grow.
I consider myself a good person, but this woman has my blood boiling to a point where I am so angry I don't know what to do, I could hit the wall, sometimes I'm so ready to just call her up and say a few things I'd like to say...
I don't know what to do, I know most people here are dealing with going through a divorce but this woman won't let my fiance get a dam divorce and it's making me nuts.
I don't feel sorry for her, she had her name all over the internet a couple months after they split and brought a guy home only a couple months after they split also. She's played the "poor little left behind wife" when she's been advertising how she wants some buff guy, lets my fiance do all the work practically for their son and she reaps the benefits, I'm so sick of this b*#@h you have no idea, I'm seriously ready to go postal...well anyway, does anyone know if we can go after her for all these fees we're incurring and maybe any ideas of how to get her to sign this...? I've thought about approaching her myself and saying something to make her feel bad but she's such a spoiled little brat she probably wouldn't care and would sit back and laugh....UGH!!!!!!!!!
iVillage Member
Registered: 02-19-2005
Mon, 03-12-2007 - 10:02pm
I don't know what state you are in, but my husband and I both experienced this same issue with our ex's. In California, you can file a motion with the court to have the judge sign the agreement for her. My husband actually had to do this, the threat of it made my ex cave before we had to go to court. But he did also win attorney's fees. Not the full amount but she was ordered to pay him back $1800 for dragging her feet on the process. Their agreement was completed at a "settlement conference", so it was all documented and all she needed to do was sign...which she wouldn't. In fact she dropped off the face of the earth and didn't even show up to court when the judge finally signed the order on her behalf. It was great to see how pissed she was when she realized she had to pay us back a potion of the money. Anyway, I suggest you ask your attorney. There are ways to sue and get people to stop. Unfortunately you do have to go to court, but if everything is documented (the agreements) then you are in a good position. Call your attorney! :)
iVillage Member
Registered: 06-03-2003
Tue, 03-13-2007 - 7:20am
Was the marriage broken up because you had an affair with the husband?
iVillage Member
Registered: 05-04-2005
Tue, 03-13-2007 - 9:08am
no, they split up because they had problems and went to counseling but they never got back together


Edited 3/13/2007 9:13 am ET by quirkygrl
iVillage Member
Registered: 03-19-2003
Tue, 03-13-2007 - 9:16am

He needs to let his attorney handle it.


Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-03-2003
Tue, 03-13-2007 - 9:22am
Sorry, had to ask. My husband did cheat on me and we have been married 9 years. I told him I wasn't signing a final divorce decree unitl we'd been married exactly 10 years (basically for alimony and social secuity benefits). So while I'm dragging my feet a bit, its in the open and has a purpose (and a clearly defined end). I think Karen hit the nail on the head. By serving her you show you guys are serious about drawing this chapter to a close. I bet she will respond rapidly and decisively.