Legal Question in Medical Leave in Virginia

my divorce

Ive been trying to get divorced three years my lawyer has sent everything he needs to to the clerks office waiting for the judge to sign but her lawyer for some reason will not send the papers to the clerks office even though my lawyers secretary called her lawyer he says he has everything but foe some reason is not sending them through the proper channels im stuck i dont know what to do or what i can do i need to get divorced soon i have been engaged for over to years and i know my fionce has been patient and she wants to be my wife more than anything... help me please


Asked on 12/13/08, 9:28 pm

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: my divorce

Give your lawyer 30 days to take the actions necessary to put your divorce in a posture designed for finalization.

If such does not occur, accept no further excuses for delay and then fire this inept counsel and replace him or her with an attorney who is more action oriented with respect to completing your case.

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Answered on 12/14/08, 12:03 am
Jonathon Moseley Moseley & Associates Law Firm

Re: my divorce

Your lawyer should schedule ("docket") your case for a motions hearing by the judge.

It is not necessary for you to have the papers from your (ex) wife to get a divorce. People get divorces all the time without the agreement or cooperation of the other spouse.

It is possible to get a hostile divorce (not agreed to) or an agreed divorce by cooperation of both parties.

It sounds like your lawyer is waiting for an AGREED divorce from your ex-wife.

However, if your wife is in fact not cooperating (directly or through her lawyer), then it is no longer an agreed divorce.

So, your lawyer should set the case for a motion for a divorce WITHOUT waiting for the other side's agreement or cooperation. (More than likely the other side will show up will the paperwork in order, rather than explain to the judge why they don't have it.)

I don't think you should wait for your current lawyer to have another try. Any lawyer who would allow this to go for 3 years like this, I don't have confidence that he "gets it." I would find another attorney right now.

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Answered on 12/14/08, 3:19 am
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: my divorce

It appears that you have been patient enough. You might tell your lawyer to set a hearing asap or you will call the judge's office and set it yourself. That should move this along.

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Answered on 12/14/08, 10:30 am


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