QUESTION
Can any attorney finalize this for me or must it be the same firm and why do the divorce provisions still in place although we are not yet divorced?
Asked on Dec 02nd, 2012 on Divorce - California
More details to this question:
I initiated a divorce and also stopped it because I thought there was a chance for reconciliation. I was told all the provisions were still in place because I never formally dismissed it. I know all paperwork must be updated. I want to do this very simply. He is 65 and I, 63. Thank you for any and all information you may provide.
13 ANSWERS
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Many times the court will dismiss the case if no ones files an Affidavit of Service. In that case the Courts will issue a Maryland Rule 5-207 letter advising the litigants that will case will be dismissed and closed by the court if the proper Affidavit of Service (for the Summons and Complaint for Divorce) is never filed.
Answered on Dec 06th, 2012 at 2:51 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You should contact your lawyer and ask that question - he/she can answer it better than anyone else.
Answered on Dec 05th, 2012 at 7:48 PM
Any attorney can help you but the prior attorney must be replaced and there is a form for doing that. The new attorney will have to look things over to see if the paperwork complies with 2012 law but it shouldn't be too difficult.
Answered on Dec 05th, 2012 at 7:42 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You do not need to use the same attorney, although that might be less expensive than starting over with a new attorney. Without more information about what you mean by "stopped" and what actually was done it isn't possible to discuss what may need to be done or how.
Answered on Dec 04th, 2012 at 1:55 PM
Steven D. Dunnings
You can go to a different attorney. Did you and your spouse sign the document? Was the document a result of mediation? Do you want to change some of the provisions?
Answered on Dec 04th, 2012 at 12:52 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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There is no requirement you use the same firm but it might be the most economical way to go should you choose to use an attorney (there is no requirement that you do so), as they will be familiar with and presumably have copies of your file any orders in effect would normally remain in effect, although depending on their nature it is possible the passage of time has impacted their continuing validity. Depending on what those orders were, it might be possible to simply re-submit but I would advise that at the very least you have a lawyer look over whatever you plan to submit.
Answered on Dec 04th, 2012 at 12:15 PM
Go to the Clerk of the Court in the County the divorce was filed and ask to see the file. It is public record. You may have been defaulted and the Court proceeded to Judgment without you. If the case is still open you should be having a pre-trial with the court and you can attempt to have the case dismissed at that time. Michigan is a no fault state so you can't prevent a divorce judgment from entering at some point.
Answered on Dec 04th, 2012 at 12:15 PM
It sounds as if there are Temporary orders in place. You can have any attorney finalize the case if you are not satisfied with your current counsel. You would need to fire your current attorney and hire new counsel.
Answered on Dec 04th, 2012 at 12:15 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Any attorney can do this after you sign the form changing your attorney.
Answered on Dec 04th, 2012 at 12:14 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Stick with the law firm who represents you.
Answered on Dec 04th, 2012 at 12:14 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If the action was formally dismissed, all orders have been dismissed as well. However, if the proceeding is on hold, then all orders are still in place. This matter can be started again and moved towards resolution. You can consult with an attorney of your choice when you decide to move forward.
Answered on Dec 04th, 2012 at 12:14 PM
If your former atty never withdrew from your case than he or the firm s represents you. Depending on how long it has been you may need to start over. Cases that have no action for five or more years may be dismissed.
Answered on Dec 04th, 2012 at 12:13 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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So long as you two are still in agreement, you can simply formalize/finalize the agreed-upon provisions. Any attorney can assist you.
Answered on Dec 04th, 2012 at 12:12 PM