How do I get a divorce and settlement as soon as possible?

UPDATED: Jan 9, 2011

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How do I get a divorce and settlement as soon as possible?

I have hired an attorney to file my divorce on 08/0 1/09 and I am still married (for 20 years). When I have asked what is taking so long he never knows and tells me that he will call my ex-husband’s lawyer. My ex-husband has not given me any type of support; I’m sorry, he gave me $2000 (01/10) because I went to the military IG and they forced him to pay me. However, he retired from the military in 02/10 and he stopped payment; I haven’t received anything else from him. We have 2 kids – 1 is 20 now and in college; the other is 18 and in school. He has given my oldest $500 a month but nothing to the youngest. He has notified my oldest that 12/10 was her last payment and he was not going to give her anything else. I don’t know what to do. I have lost all my valuables trying to make ends meet. Please I need help and I don’t know where to go or who to ask.

Asked on January 9, 2011 under Family Law, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Ok, first you need to send your attorney a letter by certified mail asking for a detailed accounting of the work that he has done on the case and a copy of your file with all the relevant documents prepared and a log of all phone conversations with your husband's attorney.  You are going to have to fire him and get a new lawyer.  You need to hurry because your children are no longer minors and their rights to child support have not been established from what I can see here.  Was anything done temporarily when you filed as one of the kids was 17 then?  You may be able to get retroactive support for her/him but you can still get it until he/she reaches the age of majority which is 19 in Alabama.  You need to fight for payments through college.  does not seem that he will agree to that.  You also have to get back spousal support.  I would tell you to seek help from legal aid but here is my concern:  military pensions are different than "regular" pensions when it comes to division of marital assets.  You accrue your right to the pension as the participant and the spouse.  So make sure that the attorney you next speak with knows this.  Now, I would apply for child support on your own through the Alabama Department of Human Resources.  Here is the link.  Read the information.  Good luck.

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