Divorce Settlement Check Handling

Summary

In Texas, divorce settlement checks are usually sent to the lawyers office, who then disburses the funds after taking their fees. Clients can request to have the settlement check sent directly to them. Clients have the right to change attorneys at any point, but the original attorney may be entitled to a portion of the fees for the work theyve done. If a client feels mistreated, they can file a complaint with the State Bar of Texas, consult a legal malpractice attorney, and request for detailed bills. Emails count as a valid form of communication and can be used as evidence. If an attorney is not providing clarification on divorce documents, clients can write a formal letter requesting clarification, report the matter to the State Bar of Texas, or consult with a new attorney.

Full Conversation

I wanted to understand who will get the settlement check in a divorce? Does the lawyers get it or do the clients get it
Hello Angie. In Texas divorce cases, settlement checks are usually sent to the lawyer's office, who then disburses the funds. The lawyer takes their agreed upon fees, and the rest goes to the client. However, this can vary based on the specifics of your case.
If the divorce is finalized and your lawyer does something that is not right and if I am not comfortable with my lawyer getting the settlement can the client change this
Hello Angie, yes, you can request to have the settlement check sent directly to you instead of the lawyer. This would require a conversation and agreement with your attorney. Remember, it's important to have clear communication with your attorney about your concerns.
what if I fire my lawyer that settled the dicorce and got another attorney to handel the settlement
Hello Angie, in Texas, you have the right to change attorneys at any point. However, the original attorney may be entitled to a portion of the fees for the work they've done. It's important to discuss this with your new attorney to avoid surprise fees.
or can I\
Hello Angie. Are you asking if you can handle the settlement and the disbursement of funds yourself without involving an attorney?
I am feeling uncomfortable about my lawyer because he refused to answer questions I had about our divorce documents that was not explained to me. We were going to have court again after the divorce ended but I stopped it by writing the judge. I have called for almost a year after divorce to have answers to the divorce document. Just recntly when I call the office was very rude and bulling me. Then I find out that I owed a bill whcih I never received. In fact he never billed me and would just tell me ahead of time if we were low in funds. Now I have a bill that I have no idea existed
I'm sorry to hear about your experience, Angie. In Texas, attorneys are expected to uphold professional conduct. If you believe you've been mistreated:
*. You can file a complaint with the State Bar of Texas.
*. You may consult a legal malpractice attorney for advice.
*. Always request for detailed bills so you're aware of charges.
Remember, it's important to document all interactions for future reference.
I have asked but they are ignoring me not providing. I have read his reivews ans they say that he is dishonest and takes more than his share from settlement. I asked for thefinal bill and they have not provided. I am sure if he get the check then more charges are going to be done .
I'm sorry to hear that, Angie. If your lawyer continues to ignore your requests, you can:
*. Write a formal letter detailing your request for a final bill.
*. If no response, consider reporting the matter to the State Bar of Texas.
*. Consult with a legal malpractice attorney if necessary.
Remember to keep copies of all communications.
Does emails count as communications? Or does it have to e certified
Hello Angie. Yes, emails do count as a valid form of communication and can be used as evidence. However, for important matters, using certified mail provides proof of delivery. It's good practice to use both methods for important communications.
I have an email telling me that I would owe money if I persue a new case my echusband was trying to bring me to court. My attorney told me that we were out of money not that I owed. Then weeks later i found out that i owed. This is a year after nothing has been done
I'm sorry for your situation, Angie. In Texas, it's important to have clear communication with your attorney about fees and other legal matters. If you believe there's a misunderstanding, you can:
*. Discuss the matter with your attorney directly.
*. Request a detailed bill to understand the charges.
*. If the issues persist, consider reporting the attorney to the State Bar of Texas or consulting with a legal malpractice attorney.
But it is obvious somehting that was not discussed with me nor is valid as I never had a ill . Plus he never gave me document of things I requested to subppoena. Plus they are ignoring something that I dont understand in our divorce documents and witholding information from me
I'm sorry to hear about your situation, Angie. Here are some steps you can take in Texas:
*. Write a formal letter requesting the documents and information you need.
*. If ignored, consider filing a complaint with the State Bar of Texas.
*. Consult with a legal malpractice attorney to discuss your options.
Remember, document all interactions for future reference.
ok but this leaves my settlement in the hands of someone that can potentialy take an amount i am not clear on or is not correct. This is why I wnat the settlement to come to me
I understand your concerns, Angie. You can certainly request that the settlement check be sent directly to you. However, this would need to be discussed and agreed upon with your attorney. If you're facing difficulties, consider contacting a new attorney or the State Bar of Texas.
Can my current attorney refuse to allow settlement to come to me? If I get a new attorney then can that attorney handle my settlement?
Hello Angie, in Texas, your current attorney can't refuse to allow the settlement to come to you, provided there's an agreement between both parties. If you hire a new attorney, they can certainly handle your settlement. They'd need to be informed about the existing situation and any agreements made with your previous attorney.
So if I get another attorney even though my divorce is finalized will that new attorney be alowed to take the settlement or does the one settling the divorce still have rights
Hello Angie, in Texas, if you hire a new attorney, they can handle your settlement. However, the previous attorney may still be entitled to a portion of the fees for their work. It's crucial to discuss the situation with your new attorney to understand any potential obligations to your previous attorney.
HOw can I get clarification of my divorce documents if my attorney does not explain even a year after. I have contacted them every month
Hello Angie, in Texas, if your attorney is not providing the clarification you need, consider these steps:
*. Write a formal letter requesting clarification on specific points.
*. If no response, report the matter to the State Bar of Texas.
*. Consult with a new attorney to understand your divorce documents.
Remember to keep copies of all communications.
I did send this need of clarification to the judge and my attorney and my exhusbands attorney, but that is when I hear about a bill I never received
I'm sorry to hear that, Angie. If your attorney isn't responding, you may:
*. Consult with a new attorney for clarification.
*. File a complaint with the State Bar of Texas.
*. Consider seeking legal malpractice advice.
Keep copies of all communications for your records.
Ok thank you.
You're welcome, Angie. If you have any more questions in the future, feel free to reach out. Remember, it's important to protect your rights and to have clear, honest communication with your attorney. Good luck.