If my husband still owes his divorce attorney, can my divorce become final?

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If my husband still owes his divorce attorney, can my divorce become final?

Asked on October 21, 2011 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, your divorce can become final if your husband still owes his attorney...it could even become final if *you* owed your attorney. If an attorney is not paid as per the representation, etc. agreement for work which he or she did in conjuction with the divorce, the attorney may (1) have grounds to sue his or her client for payment; and (2) may be entitled to not do additional work for the client, at least until paid. It's possible that second factor could delay the divorce (or other legal action) from coming to fruition, if there is still work that the lawyer must do. But if everything has already been done, then the failure by either party to pay his or her attorney has no bearing on the finality or validity of divorce; as stated, it merely gives rise to a potential legal action by the lawyer for payment.


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