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Divorced Or Not Divorced?

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Stevies2

Junior Member
What is the name of your state (only U.S. law)? Virginia
My lawyer cost me a lot of money due to his forgetfulness and unprofessional manner.
My ex and myself had a Separation Agreement which he didn't even review but told me everything was fine and I signed it due to that advice.
His delaying lasted another six months and during which time my ex and her lawyer put in a clause in the final decree which I had never seen.
My lawyer then signed the divorce papers at the court without my Power of Attorney.
Is there anything I can do about his very poor service and unprofessional behavior? It is not sour grapes just the fact I put my faith in him to do a good job.
Also does this mean I am not divorced because he signed the final divorce documents without my permission?
Any help gratefully received
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Virginia
My lawyer cost me a lot of money due to his forgetfulness and unprofessional manner.
My ex and myself had a Separation Agreement which he didn't even review but told me everything was fine and I signed it due to that advice.
His delaying lasted another six months and during which time my ex and her lawyer put in a clause in the final decree which I had never seen.
My lawyer then signed the divorce papers at the court without my Power of Attorney.
Is there anything I can do about his very poor service and unprofessional behavior? It is not sour grapes just the fact I put my faith in him to do a good job.
Also does this mean I am not divorced because he signed the final divorce documents without my permission?
Any help gratefully received
POWER OF ATTORNEY? What the heck are you talking about? You hired an attorney. If he signed based upon what was on the record, you have nothing. You are divorced if the judge signed off. And you have no claims re the divorce if you did not appeal within 30 days of the final divorce.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Virginia
My lawyer cost me a lot of money due to his forgetfulness and unprofessional manner.
My ex and myself had a Separation Agreement which he didn't even review but told me everything was fine and I signed it due to that advice.
His delaying lasted another six months and during which time my ex and her lawyer put in a clause in the final decree which I had never seen.
My lawyer then signed the divorce papers at the court without my Power of Attorney.
Is there anything I can do about his very poor service and unprofessional behavior? It is not sour grapes just the fact I put my faith in him to do a good job.
Also does this mean I am not divorced because he signed the final divorce documents without my permission?
Any help gratefully received
It was your mistake in not reading the Separation agreement but if there was another clause added to the final decree that you never saw, that could be a mistake by your attorney.

That said, once the judge signs the decree of divorce, the date the judge signs is the date the divorce becomes final.

If you believe your attorney failed you by signing the divorce papers with an addition you knew nothing about and did not specifically agree to have added, you could report the attorney to the Virginia State Bar (a link to information on filing a complaint follows). You should first discuss with your attorney the additional clause and the reason for its addition.

Filing a complaint against a lawyer is pretty serious stuff so make sure that the clause that was added really matters (e.g., alters the terms you agreed to previously in a material way).

https://www.vsb.org/site/regulations/inquiry
 

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