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  1. #1
    countrygirl Guest

    Post

    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.
  2. #2
    B. Aldredge Guest

    Angry

    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.
  3. #3
    countrygirl Guest

    Post

    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.

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