filed divorce but he hasnt been served yet, what do i do?

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momof2kids

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I filed for divorce on 7/1/08, here it is 3 weeks later and the process server my lawyer uses has NOT yet served my husband, I am growing very impatient b/c we have 2 kids, i am not getting any help from him for support and we dont have a custody order yet cause the person my lawyer hired cant get off his butt and serve my husband, the server has already been paid but has not done the job he was paid to do.

I need to know what I should do, i have been calling everyday for the last 2 weeks wanting an answer as to why he hasnt been served yet, and all i get is he will be or my phone calls are not returned, 8 out of 10 times my calls are not returned.

What is my next step? I am thinking eaither giving them until tueday morning to have him served, or I fire my lawyer request for a refund for my retainer and file a complaint against them to the state bar, or just give up,& wait for the the server to get off his lazy butt and serve him? the longer this takes, the longer it will take to get a court date to determine custody and support. My husband harasses me(calling as much as 8 times a day & sending as many as 40 text messgaes a day).

If I fire my lawyer I cant afford another retianer as the money i did get i barrowed from my dad, so all i can do is go to legal aid but i cant find them in my county, san joaquin county, california, for the divorce and go through DCSS for child support.

What should I DO, PLEASE HELP ME!!
 
anyone please, at least one person knows an answer to this, can i fire my lawyer for hy ex not being served in a reasonable amount of time???? not returning my calls, and not filing anything for me for temp custody and support as i have requested.
 
I don't know the answer to this, but California has a helpful online court website. There are links for almost everything, including one about lawyer complaints. Start making some phone calls, and I'm sure you'll get some answers. Here's the main page:
http://www.courtinfo.ca.gov/

And the link for complaints:
http://www.courtinfo.ca.gov/selfhelp/lowcost/legalhelp.htm

This is the website listed for San Joaquin County, although I couldn't open it, and the phone number for the courthouse:
http://www.stocktoncourt.org/
(phone: 468-8116)

This is a link for the Department of Child Support Services:
http://www.sjgov.org/childsupport/

Sorry I can't be more help, but good luck. :)
 
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