• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

not notified of divorce proceedings

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

countrygirl

Guest
What can I do if my attorney did not bother to notify me I was supposed to be in court for my divorce hearing? I found out because my now ex-husband enjoyed the hell out of in-

forming my children that we are now divorced.

I lost my allimony and my son's car. I know

I would have at the very least been awarded

the car because I can show my husband had re-

cently gotten a DUI and was headed for court

and jail. How can I have the divorce thrown

out so I can be there this time? I already

plan on notifying my state bar association and filing a complaint against my attorney.
 


B

B. Aldredge

Guest
Were you served with papers for the divorce?
The court dates either should be legally served on you by personal delivery or mail and at each subsequent court date the judge lets you know the date and time that you are required to appear.

It is pretty common knowledge that you should be present anytime you are involved in a court proceeding. I'm sure the original petition for divorce states this as well.

If you were not personally told by the judge or served by your ex or his attorny then file an request for modification.
 
C

countrygirl

Guest
I have an attorney who apparently got the papers concerning the court date but his reply was it somehow did not end up on his

calendar, so he didn't notify me either.

When I called him about it he was quite sur-

prised and had to look up my file to know what I was talking about. At first he asked me what I wanted out of the divorce that would make me happy. I told him I at least wanted the car. He said he would call my

husbands attorney and get back to me. I asked him if it wasn't just alittle late for

this now and he said no. After he talked to

the other attorney he found out my husband

wasn't going to make any deals since he was

awarded everything. He also informed me he

wished he had kept up with my account better

because unless I paid him a whole lot more money he wasn't going to be doing anything

further. I never recieved a bill from him for more money than what I paid him already.

I feel like I fell through some cracks in his

office. The paralegal who was the person I

initially talked to, was the person who took

my money and filled out the papers that were

filed to contest the divorce in the first

place, is no longer there, they fired her they said. Somehow my file with all my court

papers they had already filed for me just got

put away or something. The attorney already

admits in my file is the papers his office

got concerning the court dates. Yet no one ever told me.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top