I thought I was divorced do I have any legal recourse against this attorney?
Asked on May 08th, 2013 on Divorce - North Carolina
More details to this question:
My ex called to inform me that we were still married because his attorney never filed the papers and that we were still married two years after we went to court and were granted a divorce by a Judge.
If you went to court and were granted a divorce by a judge, but your attorney never filed the paperwork and obtained a "Final Judgment" you could have recourse against this attorney. It is a fairly simple matter to solve, if you have suffered no actual damages as a result of this.
You will want to check with the court to make sure that what the other spouse is telling you is correct. It is always a good idea to follow up and make sure that all the paperwork has been filed with the court, and to obtain a copy of the divorce papers signed by the judge as soon as they are entered. You can also submit the paperwork that is needed or have another attorney finish the proceeding if the original attorney will not do so. You can file a complaint with the local or the state bar association against the attorney who failed to complete the paperwork.
If there is any order on file granting a divorce, then you are divorced. If the final decree was not filed, then there may be some unresolved property issues that were supposed to be finalized and put in writing, but do not automatically assume you are not divorced.
What? Nothing you are saying makes any sense whatsoever. If a Judge granted a divorce - you are divorced from the moment his pen is done with his signature. In NC, the attorney doesn't need to file squat after that. So if you are not divorced, your whole idea that a Judge granted the divorce is just delusional. Also, have you even checked this out? Please tell me you are not relying solely on the word of some guy you divorced - didn't you learn your lesson about that during the marriage? Pretty funny joke though if he is just yanking yer chain! In any event, your first step is to verify if your are still married. If you are still married, you need to find out what when wrong. It could be the case the attorney did not finish the case because he was not paid in full - if so, you will not have a claim.
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