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Ugggh..someone pls help..my lawyer is worthless

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MIZZ~J

Member
What is the name of your state (only U.S. law)? CA
and the story continues.....
When my stbx and I filed for status only to be terminiated his lawyer forgot to mail in a APPEARANCE, STIPULATION AND WAIVER form...and now I come to find out that my lawyer (or his lawyer) didn't include what they require:pROOF OF SERVICE ON THE PRELIMINARY DECLARATION OF DISCLOSURE STATEMENT NOT ON FILE.(FORM ATTACHED)
A COURT ORDER MUST BE OBTAINED FOR STATUS ONLY. (<<-----what does this mean? )
SUPERIOR COURT OF THE STATE OF CALIFORNIA
Can anyone help me figure what all is required to turn in so that this gets done with....I dont have the resources to pay another retainer and my lawyer continously sends me bills, therefore you'd think I'd be divorced after almost two years of filing :eek:
 


CourtClerk

Senior Member
As long as you have an attorney of record on file, you cannot file anything on your own behalf, so either fire your attorney and hire a new one (or represent yourself) or tell your attorney to fix it.
PROOF OF SERVICE ON THE PRELIMINARY DECLARATION OF DISCLOSURE STATEMENT NOT ON FILE.(FORM ATTACHED)
No one filed the proof of service on the PDD. The PDD is not required to be filed with the court, but the POS is.
A COURT ORDER MUST BE OBTAINED FOR STATUS ONLY. (<<-----what does this mean? )
In one of your threads you inquired about a status only divorce I think. Well, apparently, your attorney didn't file the appropriate paperwork asking for a termination of the marital status only. Kind of confuses me because there are only about 3 pages involved in that... but without looking at the file myself, I don't know what happened.

Anyway, you can't terminate the marital status without a court order (obviously).
SUPERIOR COURT OF THE STATE OF CALIFORNIA
That's the name of my employer.
 

MIZZ~J

Member
Thanks courtclerk.....here is what the case report shows and since you work here I'd really appreciate any insight.

Viewed Date Action Text Disposition
06/22/2010 8:00 AM DEPT.
CLER HEARING RE: NON PROOF OF SERVICE ON DISSOLUTION WITH CHILDREN OF *******. (CLERK'S CALENDAR)
02/27/2009 8:30 AM DEPT.
MANDATORY SETTLEMENT CONFERENCE (PARTIES NOTICED)
Minutes
NOTICE PRINTED FOR ***** ON 1/12/09
NOTICE PRINTED FOR *****ON 1/12/09

01/13/2009 REJECTION NOTICE Not Applicable
Minutes
REJECTED DOCUMENT(S) STATUS ONLY JUDGMENT SUBMITTED BY ***** FOR THE FOLLOWING REASON(S):
PROOF OF SERVICE ON THE PRELIMINARY DECLARATION OF DISCLOSURE STATEMENT NOT ON FILE.(FORM ATTACHED)
A COURT ORDER MUST BE OBTAINED FOR STATUS ONLY.
SUPERIOR COURT OF THE STATE OF CALIFORNIA,
01/12/2009 9:00 AM DEPT MANDATORY SETTLEMENT CONFERENCE (PARTIES NOTICED) Complete
Minutes
HEARING CONTINUED BY TELEPHONE BY ATTORNEY *****.
HEARING (SAME) CONTINUED IN DEPARTMENT****

12/10/2008 REJECTION NOTICE Not Applicable
Minutes
REJECTED DOCUMENT(S) CONTESTED JUDGMENT SUBMITTED BY ***** FOR THE FOLLOWING REASON(S):
APPEARANCE, STIPULATION AND WAIVER REQUIRED.
COURT FORM(S) ATTACHED: APPEARANCE,STIPULATION AND WAIVER REQUIRED.
SUPERIOR COURT OF THE STATE OF CALIFORNIA,
CLERK:

11/12/2008 MANDATORY SETTLEMENT CONFERENCE IS SET 1/12/09
DEPARTMENT ***
11/12/2008 AT-ISSUE MEMORANDUM FILED BY *****
Not Applicable
08/21/2008 REJECTION NOTICE Not Applicable
Minutes
REJECTED DOCUMENT(S) AT-ISSUE MEMORANDUM SUBMITTED BY *****FOR THE FOLLOWING REASON(S):
WE HAVE NOT RECEIVED THE PETITIONERS DECLARATION REGARDING SERVICE OF DECLARATION OF DISCLOSURE
AND INCOME AND EXPENSE DECLARATION, MUST HAVE TO FILE AT-ISSUE MEMORANDUM.

08/20/2008 DECLARATION REGARDING SERVICE OF PRELIMINARY/FINAL DECLARATION OF DISCLOSURE AND INCOME AND EXPENSE DECLARATION FILED BY ***** (FL-141) Not Applicable
08/20/2008 NOTICE OF CHANGE OF FIRM ADDRESS FOR ********
07/28/2008 NOTICE OF CHANGE OF FIRM ADDRESS FOR ********
07/24/2008 REJECTION NOTICE

Ok so I'm the petitioner and this is what has been going on for the past six months....help:confused:
 

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