Asked 1/20/2012
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I filed for Divorce last August , my lawyer was terrible and now I can't even locate him to have him sign some paperwork for me. Is there any way I can file again, to get this over with quickly? it is uncontested and amicable. File divorce twice, can't locate my lawyer |
Answer 1/8 - Submitted 1/20/2012
Hi, Rosalita, and welocme to WebAnswers.
Since the rapture has not yet occurred, I have no idea what you mean when you say that you cannot "locate" your attorney. Besides, most lawyers I know would likely be left behind.
So, what happens when you call his office? What is it that you need HIM to sign?
In any event, assuming your case has already been filed, it should still be active, but a check with the clerk's office would let you know for sure.
Please respond to some detail regarding your efforts to contact you lawyer. If this is a case of wanting a new lawyer to handle your divorce, then you should find another to take over the case.
Thank you for your question.
Answer 2/8 - Submitted 1/20/2012
Answer 3/8 - Submitted 1/21/2012
I'm not sure what paperwork you require your lawyer to sign for your divorce that your signature won't do just as well (unless you are concerned about the legal ramifications of what you're signing and want his input more than anything else). That said, I'm really adverse to pro se representation and would encourage you to get another lawyer if the prior one can't be located. (Which is surprising. Does he no longer have an office? Are his phones no longer operating? Also, just out of curiosity, was he a flat-fee lawyer?)
There shouldn't be any need to file again; your case should still be on the court's docket. You simply need to finish what you started, although it sounds like you may need to hire another lawyer.
Answer 4/8 - Submitted 1/21/2012
I was highly recommended to this lawyer by a very good friend of mine. I sensed that he (my lawyer) had gotten himself into some kind of problem (Drugs, alcohol) . He had been in a very bad accident and almost lost his leg, so I could see how this could have happened. He did not seem at all professional in his manner and wanted me to take my husband to the cleaners...I told him up front that I wanted an amicable, uncontested divorce because it is very important to me that my husband and I stay good friends (married 25, but the years the last 6 or 7 years have been tough) , but he would not let me go that route and kept insisting I get more money from him... I was stuck with him because I paid him $4500 up front for the retainer. I took my husband over to meet with him, and because of the way the lawyer was acting, we could not come to an agreement on our settlement.
We told the lawyer that we were going to try to work things out between us, just to cut him lose ...I did not want to go back to him again.
Now aproximately 6 month later...we have come to a mutual agreement on all of our assets and how we plan to split them. We want to do this quickly to just get it over with so I contacted an online divorce company that lets you print out all the pages for an uncontested divorce.
The problem is I had already filed for divorce and my husband was served back in August. I have made numerous attempts to get in touch with this lawyer . The place he was at says he moved and they gave me a new number to call. No one EVER answers, I think one time I got an answering machine and left a voice message to PLEASE call me because I need him to sign a substitution of attorney form . I tried texting him several messages, and calling his cell phone...and get a message saying that he is not accepting incoming calls! There is also another lady looking for him and can't find him. OMG....What should I do? This guy has fallen off the face of the earth !
Answer 5/8 - Submitted 1/21/2012
Three things:
A. You need to type up in the form of an affidavit pretty much what you have stated above. Use number, beginning with 1) and list each FACT statement. It might begin, like this:
1) I engaged the services of John Doe, Attorney-at-Law, on xx/xx/2011 (or whatever the actual date was), to represent me in an uncontested divorce action, Case No.xxxxxxxxx.
2) I retained the services of Mr. Doe, by paying him $4,500.
3) My peition for divorce was filed on xx/xx/2011 (or whatever the actual date was), Case No. xxxxxxxxx.
4) I have been unable to contact him for several weeks/several months.
ETC.
Do NOT sign, yet. Let me know when you have this written up.
B. Contact the state bar for your state and file a complaint.
C. Let me know the city, state, and the court in which you case is filed.
Answer 6/8 - Submitted 1/21/2012
Answer 7/8 - Submitted 1/22/2012
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