Separation

[beclyn22]

My husbands attorney prepared our separation agreement 4 years ago. I was not represented by anyone. I lost the copy of the agreement and now that I am persuing the divorce, I need a copy. My husbands attorney is refusing to provide me with a copy stating he can't because he did not represent me. Can he withhold this from me?

 

[I AM ALWAYS LIABLE]

My husbands attorney prepared our separation agreement 4 years ago. I was not represented by anyone. I lost the copy of the agreement and now that I am persuing the divorce, I need a copy. My husbands attorney is refusing to provide me with a copy stating he can't because he did not represent me. Can he withhold this from me?

My response:

Yes, he sure can. As a matter of fact, he must. You were not his client, and he cannot do anything for you without your husband's permission.

However, all is not lost.

All you have to do is make arrangements with the court clerk to have your court file copies, and sent to you. It will cost you a few bucks, but at least you'll have everything you need.

IAAL

 

[beclyn22]

That would be great, however, the attorney never filed the separation with our county clerks office. He states that he can send a copy to an attorney that it representing me, but cannot send it to me directly. My husband has no problem with me getting this copy from his attorney, so that is not an issue. I am representing myself in this, I just need to do a conversion divorce. I have all the papers I need from my clerks office but they need me to file with a copy of the agreement since it is not filed with them already.