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Divorce Mediation

Discussion in 'Alimony & Spousal Support' started by mellei, Nov 18, 2015.

  1. mellei

    mellei Law Topic Starter New Member

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    Jurisdiction:
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    My attorney is in the hospital with an anerisum. What do I do? Will someone from her office contact me?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    No.

    You need to call your attorney's office, talk to a managing partner, and insist on a substitute.
     
  3. Betty3

    Betty3 Super Moderator

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    Agree, call her office & ask who is taking over her cases - tell them you need an attorney.
     
  4. army judge

    army judge Super Moderator

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    More than likely, after you notify her office, a substitute will be provided. The sub will request a continuance. He or she will require time to understand your case and prepare to represent you.

    Relax, the law firm will take care of everything, but you must notify the firm. Make sure you request what you must do next and when!!!!
     
  5. mellei

    mellei Law Topic Starter New Member

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  6. mellei

    mellei Law Topic Starter New Member

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    O.k. So it is now Nov. 27th. I've sent an e-mail to her office and just heard that someone will be contacting me. I go to court in one week. I am a little panicked that I only have a week to have someone represent me. ALso considering that my Atty works a good 2 hrs away from my court hearing.
    What will take place with the new attorney? Will they ask for a continuation? If no attorney shows up will I have to represent myself and ask for a continuation myself? I do not want to fall in default which is what husbands atty is trying to present
     
  7. mellei

    mellei Law Topic Starter New Member

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    No Law Firm. She is independent!!
     
  8. army judge

    army judge Super Moderator

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    If somehow no one appears on your behalf, tell the court your attorney was/is hospitalized with a very severe medical problem. Tell the court to call her office, or the hospital for details.

    Don't reveal her precise medical problem in open court.

    Stop emailing her office, call or visit her office to ask your questions.

    The worse that will happen is the matter will be DELAYED.

    If she can't practice for months, her secretary or paralegal will suggest options.

    Whatever you do, don't try to be a lawyer. Request the matter to be postponed.
     
  9. mellei

    mellei Law Topic Starter New Member

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  10. mellei

    mellei Law Topic Starter New Member

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    THANK YOU! : )
     
  11. army judge

    army judge Super Moderator

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    No worries, you're welcome.
     
  12. mellei

    mellei Law Topic Starter New Member

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    O.K. SO I went to court and asked to have a continuance because my attorney was in the hospital. I was denied and told I had no standing. So I have 30 days to move out, not any form of spousal support, or car. Left with nothing. THIS WAS A DEFAULT HEARING because on Sept. 8th an Atty went to court to have it set aside until Dec. 4 where my Atty was in the hospital, could not represent me or talk, she is independant so I didn;t get another atty to represent me in court because I thought it would get continued.
    Does that mean it is over? Is there any other recourse for me??
     
  13. army judge

    army judge Super Moderator

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    I suggest you discuss this entire situation with a few licensed lawyers in your county.

    Your issue is far to complicated and complex for our band of Internet volunteers to do much more for you.

    You left out the part that you've somehow had other continuances, and now it seems like your case is much different than you originally revealed.

    Divorces are bigger than peanut sized Internet boards.
     
  14. ElleMD

    ElleMD Well-Known Member

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    If you knew the attorney was not going to be available weeks ago and waited until the day of the hearing to seek a continuance on that basis, you are going to be out of luck. Especially if there was already a continuance. Now it just looks like a stall tactic.
     
  15. mellei

    mellei Law Topic Starter New Member

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    I don't know how the law works which is why I hired an atty. I sent e-mails to her office and they told me to go in and get a continuance, that I should be able to get at the clerk window. The clerk told me it was up to my husbands atty to decide wheter or not for a coninuance...I sent an e-mail to my atty and was told to go in a represent myself and ask for a continuance...Had no idea what I was in for!!
    Now that it's over, I get the Awwwww so that's what happened!! She still seems to want to fight it....hwatever good that may do!!!
     
  16. ElleMD

    ElleMD Well-Known Member

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    Did you go to the courthouse and ask for a continuance when the attorney first got ill weeks ago or did you wait until the day the hearing was to take place and then try and get one? Typically, continuances do require the approval of other attorney. Typically, when for good reason and when properly requested, they are granted. If the other attorney objects, and if this is not the first continuance and you had plenty of time to seek other counsel, I can understand the objection, the court will only grant it for extenuating circumstances. Had she been hospitalized the day of the hearing, that would be understandable and likely granted. If you knew she wasn't going to be there and waited until the day of to do anything about it, it would not.
     
  17. mellei

    mellei Law Topic Starter New Member

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    I went to the courthouse when she got sick and they told me I had to go to court to ask the judge for a continuance and that it was up to the Atty and my husband. I sent that info to my atty and her assistance and they continually told me to show up in court, with the note and ask for a continuance! Even the DA told me the same thing!
    I didn't get any info from my atty's partnere til the week of court!
     
  18. Betty3

    Betty3 Super Moderator

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    You might go ahead & talk to another attorney & see what he/she thinks - if he/she can do anything for you. Good luck.
     

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