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NY amending complaint due to lawyer error

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divorceblunders

Junior Member
What is the name of your state (only U.S. law)? NY

Hello... First I would like to thank you for taking the time to read my post...
Here is my dilemma... I moved to NY from CA (yes the first mistake was that I didn't file in CA under the no-fault divorce) 6/05 and after realizing that I would have to wait the 2 year waiting period did so... I filed for divorce (thru my lawyer) 12/07 and after having a hard time with my lawyer. (she didn't file with the courts until 3 months after she said she would) the case was kicked back (not the correct terminology I know but I can't recall the term) twice... The first time for the lawyer putting something in the paperwork about a legal separation (which didn't apply) and then the second time for the date of our being separated. The grounds that I filed on was constructive abandonment and she put 12/04 for the date when it should have been 12/03... She wouldn't change it and then wouldn't contact me and I finally ended up firing her... Now how can I go about getting the complaint amended? The other lawyers that I speak to said that I should get an Affadavit signed by my husband (he says he will but then never follows thru and has a string of excuses so I don't forsee that happening) and then I could file an amendment... Or I could start all over.. But I really don't have the money to do that...
Thank you for your time and any specific info you could provide would be helpful since it looks like I will be doing this on my own.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NY

Hello... First I would like to thank you for taking the time to read my post...
Here is my dilemma... I moved to NY from CA (yes the first mistake was that I didn't file in CA under the no-fault divorce) 6/05 and after realizing that I would have to wait the 2 year waiting period did so... I filed for divorce (thru my lawyer) 12/07 and after having a hard time with my lawyer. (she didn't file with the courts until 3 months after she said she would) the case was kicked back (not the correct terminology I know but I can't recall the term) twice... The first time for the lawyer putting something in the paperwork about a legal separation (which didn't apply) and then the second time for the date of our being separated. The grounds that I filed on was constructive abandonment and she put 12/04 for the date when it should have been 12/03... She wouldn't change it and then wouldn't contact me and I finally ended up firing her... Now how can I go about getting the complaint amended? The other lawyers that I speak to said that I should get an Affadavit signed by my husband (he says he will but then never follows thru and has a string of excuses so I don't forsee that happening) and then I could file an amendment... Or I could start all over.. But I really don't have the money to do that...
Thank you for your time and any specific info you could provide would be helpful since it looks like I will be doing this on my own.
Why does it matter that the date is 12/04 rather than 12/03? That is a legit question that may effect the answer that you receive.
 

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