teresita484
Junior Member
What is the name of your state (only U.S. law)? MN
3 months ago I retained an attorney to handle my divorce. At that time, I fully explained my situation at hand...controlling spouse who was trying to manipulate me into waiving my rights to things I would most likely be entitled to (especially spousal support and child support). She acknowledged that because of my limited income it was going to be difficult for me to pay her, so she was going to file a motion that would have forced my stbx to withdraw money from his retirement fund in order for her to collect her fees. Along with that she was going to try to get a motion to give me temporary posession of the home, along with a temporary order for spousal support and child support. She said she would need a deposit of $500 to at least file the paperwork...which I paid her.
I decided that I did not want to be quite so aggressive as far as getting my stbx out of the house, which I told her, so she was to go ahead and file the standard divorce paperwork on my behalf. I did not hear from her after that for a couple of weeks. In the meantime, my stbx retained his own attorney who filed the paperwork and then had the papers served on me.
When I contacted my attorney after I was served, she acted as if I had never spoke to her about which way to go with the filing...said she had been waiting to hear from me which is why nothing had been done yet...told me not to worry that we had time. I faxed her the divorce papers I had been served with and she in turn did contact the opposing attorney with a letter of representation.
Yesterday I met with her to discuss mediation, which is scheduled for a week from today. She informed me that since I had only paid her $500 that she could only advise me during mediation and after that I would be on my own since she knew I would be unable to pay her further. When I brought up what she had said about going after my stbx for the fees, she said that was only the plan if I had filed the papers and had served him...But because it happened vice versa she said she couldn't do that. I am certain she never told me that when I initially met with her.
She said that if we can't agree to everything in mediation that it will go to court and I am going to need an attorney which will not be her. However, same situation as was when I first met with her, I cannot afford an attorney and afraid I am going to be stuck going to court unrepresented if we do not agree on the matters of our house, custody, and support. My only saving grace is that I have an indefinite period of time to respond but she said that even that time was limited.
I already tried contacting legal aid but they are backed up for one year and I don't qualify for their services anyways.
Can I even do this on my own if my stbx has an attorney?
3 months ago I retained an attorney to handle my divorce. At that time, I fully explained my situation at hand...controlling spouse who was trying to manipulate me into waiving my rights to things I would most likely be entitled to (especially spousal support and child support). She acknowledged that because of my limited income it was going to be difficult for me to pay her, so she was going to file a motion that would have forced my stbx to withdraw money from his retirement fund in order for her to collect her fees. Along with that she was going to try to get a motion to give me temporary posession of the home, along with a temporary order for spousal support and child support. She said she would need a deposit of $500 to at least file the paperwork...which I paid her.
I decided that I did not want to be quite so aggressive as far as getting my stbx out of the house, which I told her, so she was to go ahead and file the standard divorce paperwork on my behalf. I did not hear from her after that for a couple of weeks. In the meantime, my stbx retained his own attorney who filed the paperwork and then had the papers served on me.
When I contacted my attorney after I was served, she acted as if I had never spoke to her about which way to go with the filing...said she had been waiting to hear from me which is why nothing had been done yet...told me not to worry that we had time. I faxed her the divorce papers I had been served with and she in turn did contact the opposing attorney with a letter of representation.
Yesterday I met with her to discuss mediation, which is scheduled for a week from today. She informed me that since I had only paid her $500 that she could only advise me during mediation and after that I would be on my own since she knew I would be unable to pay her further. When I brought up what she had said about going after my stbx for the fees, she said that was only the plan if I had filed the papers and had served him...But because it happened vice versa she said she couldn't do that. I am certain she never told me that when I initially met with her.
She said that if we can't agree to everything in mediation that it will go to court and I am going to need an attorney which will not be her. However, same situation as was when I first met with her, I cannot afford an attorney and afraid I am going to be stuck going to court unrepresented if we do not agree on the matters of our house, custody, and support. My only saving grace is that I have an indefinite period of time to respond but she said that even that time was limited.
I already tried contacting legal aid but they are backed up for one year and I don't qualify for their services anyways.
Can I even do this on my own if my stbx has an attorney?
Last edited: