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I’m going thru a divorce. I paid a attorney already but unfortunately he passed away right after my ex got served. My ex signed everything and this is not a “messy” divorce. But now I’m not sure what to do and it’s been 4 months and I haven’t gotten a court date yet. What should I do? I want this over with already.
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Divorce Attorney serving Short Hills, NJ
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Diamond & Diamond, P.A.
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Despite the fact that the lawyer passed away, there should have been another lawyer appointed to take over the handling of his outstanding client matters. If you call his office or email him, you should get some type of notification, telling you the name of the lawyer who has taken over the handling of your matter.
If you do not get that information or a response, you should contact the Office of Attorney Ethics, whose main office telephone number is 609-403-7800. The department will guide you to whomever has taken over that lawyers client matters and / or assist you in getting back some of your retainer monies. As for moving forward with your divorce, you can also contact the family part section of the courthouse to find out the name and telphone number of the judge handling your divorce. You can then reach out to chambers to let them know that your lawyer has passed away and that you wish to proceed pro se. Someone should be able to assist you in filing the substitution of counsel form so that you can take over your own representation. As it stands now, all notifications are being sent to your lawyers attention ( since he is listed as counsel of record in your matter).
Answered on Feb 11th, 2021 at 8:22 AM