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Annrain

Guest
I live in NY State. I hired an attorney last July(2002) because my husband took off. We have one child together. I filed a petition for divorce on August 8th 2002. The judge signed an order for publication in early November because my husband cannot be located. The summons has yet to be published. I paid all legal fees upfront and my case was given to a paralegal. Every time I call her she tells me the ad will go in the following week. I am getting aggravated and feel I will never be divorced. What can I do? Can I get my retainer back and hire another attorney? I have heard from other people I should be divorced by now.
Any advice is greatly appreciated,
Thanks in advance
Anne
 


I AM ALWAYS LIABLE

Senior Member
Annrain said:
I live in NY State. I hired an attorney last July(2002) because my husband took off. We have one child together. I filed a petition for divorce on August 8th 2002. The judge signed an order for publication in early November because my husband cannot be located. The summons has yet to be published. I paid all legal fees upfront and my case was given to a paralegal. Every time I call her she tells me the ad will go in the following week. I am getting aggravated and feel I will never be divorced. What can I do? Can I get my retainer back and hire another attorney? I have heard from other people I should be divorced by now.
Any advice is greatly appreciated,
Thanks in advance
Anne

My response:

Here's your legal / metaphysical answer - - go with your soul, and with what your heart and mind tell you to do.

IAAL
 

stealth2

Under the Radar Member
I was divorced in NYS, and I would be very surprised to hear that you could get a divorce in such a relatively short period of time.
 
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Annrain

Guest
Divorce in NY

It takes 6 months for an uncontested divorce with both parties present.
The publication for my divorce has not even been done yet and the order was signed in Nov of last year. All that takes is a fax to the newspaper. I know once the publication is done then you have to wait 30 days for him to respond so that is two months right there. Does anyone here have any experience with this type of case? How long should it take to dial a fax number and send a fax to a newspaper?
 

stealth2

Under the Radar Member
Re: Divorce in NY

"It takes 6 months for an uncontested divorce with both parties present. "

With both parties present, yes. But you also assume that the court dockets will allow for that. I assume you have met the NYS requirement of 1 year for abandonment.

"The publication for my divorce has not even been done yet and the order was signed in Nov of last year. All that takes is a fax to the newspaper. I know once the publication is done then you have to wait 30 days for him to respond so that is two months right there. Does anyone here have any experience with this type of case? How long should it take to dial a fax number and send a fax to a newspaper?"

If it were me, I'd go and sit in the office until the fax was sent. But that's just me. As far as getting your retainer back, it all depends on what your retainer agreement says. Even if you're entitled to a portion back, realize that it will only be the unused portion - and you should be provided/request a bill.
 
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Annrain

Guest
Divorce in NY

We are not divorcing on the grounds of abandonment although it is in the summons. He (my husband) lied about alot of things in his past. I only found out these things after he left from his father. I think he didn't say anything while he was here for my protection but my husband is a very dangerous man. The three years we were together were all an act. My children suffered the most.
 
A

Annrain

Guest
Divorce in NY

The grounds are cruel treatment of which I won't go into here. They tried to find him to serve him with a summons but he keeps moving from state to state. This is why we are going with publication.
 

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