QUESTION
Is there a way to get an attorney and get the divorce done right?
Asked on Feb 24th, 2015 on Divorce - Wisconsin
More details to this question:
Sister-in-law just informed me that her husband had been secretly finalizing their divorce without her knowledge - filing papers and going to court several times. She started to suspect something going on because he'd come over and act weird. Her friend told her a way to look up if there was any court dates set and found that there was one set next day. She asked him, he said yes he was starting it and she didn't need to come as nothing was going to happen yet. She decided to go and found out in court that there was several court dates she had missed and she told them she never received any notices. They didn't believe her and proceeded with finalizing their divorce based on only his paperwork he brought. She didn't go into detail but they said she signed all kinds of stuff agreeing upon 401 k and such, which she didn't sign. She has no money to pay a lawyer and now she just gave in and let the divorce happen that day.
1 ANSWER
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Nearly everyone can find some way to pay a lawyer. There are law firms which specialize in representing low-income people which will charge low fees and give the client time to make installment payments. This is the time when someone calls on friends and family for help. The account she gives does sound a little strange: a divorce is not entirely routine, and if someone tells the court credibly that she did not get notice (especially if the estranged spouse was the one responsible for sending notice) most judges will permit a postponement. She may not have been credible in court. Or perhaps the division of property proposed was an exactly even split, to which a court is unlikely to object. I think she really needs to beat the bushes for funds to hire a lawyer to look into these events ASAP, and move to reopen the case if that proves justified.
Answered on Feb 25th, 2015 at 5:29 PM