Can I file request for judgement myself for my divorce even though I was represented by the lawyer? 20 Answers as of September 28, 2012

I am in desperate need. My lawyer ignores my calls and just found out that he was even lying to me. I need different lawyer. He never provided me the papers I requested. The most important one is the proof of delivery. I even paid extra to have paper served to my wife who lives in Philippines. She does not have American citizenship or visa. The case opened in January, and now it is entered for default. During the last meeting three weeks ago, my lawyer told me he has put request for judgement. I have been calling the court every other day to see if it is final yet. Then discovered that request for judgement is not there. He lied to me. Do I use my address as her current address since that is what my lawyer used in other forms? My lawyer used my address as her address because he said it would expedite the divorce process. I do not know but that time I did not question him because I thought he would know what he was doing. I later discovered he is not professional and not trustworthy. My lawyer is awful and deceitful and I want to fire him. I do not trust him that he would help me anymore. The problem is because I do not have all the paperwork, I do not know if taking over the case may cause delay of the final. Now I had horrible experience with the lawyer, I honestly cannot trust any lawyer would help my case. Someone please advice.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Melvin Franke | Melvin Franke
See another attorney for a second opinion.
Answer Applies to: Missouri
Replied: 9/27/2012
Attorney at Law | Michael P. Vollandt
You can send him a substitution of attorney to him to sign and you can file it with the court and then either get another lawyer to complete your case In Pro Per.
Answer Applies to: California
Replied: 9/24/2012
Burnett Evans Banks
Burnett Evans Banks | Paul Evans
You can check on all activity and the status of your Missouri case by going to: https://www.courts.mo.gov/casenet/base/welcome.do Enter your information and pull up your case. You can terminate your attorney's representation at any time. Do so in writing to the attorney, and deliver a copy to the court. This may at least get your lawyer's attention so that they will contact you to see what they can do to resolve your concerns. It may just be a lack of communication that can be overcome with some direct contact with your attorney. If your wife was properly served, then the case may indeed be cued-up for a simple default hearing. In other words, it sounds as if you may be very close to finalizing the divorce. If you are not able to work with your present attorney, I hope you consult with an experienced family law attorney in your area that will relieve your stress and finish up your divorce in a cost-effective, timely and professional manner.
Answer Applies to: Missouri
Replied: 9/24/2012
Danville Law Group | Scott Jordan
In California, if you want to fire your attorney and hire a new one, you may do so for whatever reason. However, be mindful that it may cost you more money to have the new lawyer get caught up to speed. As for the judgment, some courts may take 3 to 4 months before processing the final papers, even in a default. You may have to schedule a hearing on the default as well.
Answer Applies to: California
Replied: 9/24/2012
Steven Alpers | Steven Alpers
It sounds like you need a new l awyer.
Answer Applies to: California
Replied: 9/24/2012
    The Children's Law Group | Tamara Chin
    The answer is yes.
    Answer Applies to: Washington
    Replied: 9/24/2012
    Peyton and Associates | Barbara Peyton
    If you have never had your lawyer sign a substitution of attorney, the court will not accept documents from you representing yourself. Take a substitution of attorney form to your lawyer's office and have it signed. Get that filed with the court and then submit your judgment .
    Answer Applies to: California
    Replied: 9/24/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes you can do it yourself even if you are represented but I would not recommend it. The best course of action is to have your attorney withdraw and then you can submit the default.
    Answer Applies to: Nevada
    Replied: 9/24/2012
    Law Offices of Frances Headley | Frances Headley
    You can relieve your attorney at any time and proceed on your own. In spite of your bad experience, you should consult with a family law attorney to advise you on how to complete the process. Ask family, friends or a referral service for assistance in finding someone in whom you can have confidence.
    Answer Applies to: California
    Replied: 9/24/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you have legal counsel, that counsel must communicate with the court and opposing counsel unless or until they are discharged from the case.
    Answer Applies to: Minnesota
    Replied: 9/24/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You can fire your current lawyer and either hire someone else or learn enough to act as your own lawyer. This forum is not suitable to teaching you how to act as your own lawyer and the situation you describe would appear too complex to try and handle by yourself. Your lawyer has certain ethical obligations and it sounds like there may be some questions about whether he complying those obligations. A new lawyer should be able to better advise you about what to do.
    Answer Applies to: Colorado
    Replied: 9/24/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    The answer is no.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Fire your current attorney and hire a better one. Discuss you previous representation with your new counsel, the new attorney might ask to have your fees returned, or that you file a grievance with the Bar Association. As for the case itself, the file with the court should be reviewed to determine what the hang up is.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    Victor Varga | Victor Varga
    You need to fire your current attorney and have another one take over your case. No other attorney will get involved until you fire your attorney.
    Answer Applies to: Maryland
    Replied: 9/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    This is not a question that most lawyers would choose to answer. You need to be patient with your own attorney. We are lucky to get contested cases completed in less than a year.
    Answer Applies to: Florida
    Replied: 9/24/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Your situation is unfortunate - but to avoid further complications you need to have the papers that have been filed reviewed. You can get copies at the courthouse and bring them to a new attorney or you can attempt to do it yourself - but if the papers are defective they'll be rejected, and if there's anything improper about them that isn't visible as a defect you leave yourself open to action by your wife. And no, you should not use your address as the address for your wife. You have to use her address.
    Answer Applies to: New York
    Replied: 9/24/2012
    SHAPIRO LAW GROUP | ERIC L. SHAPIRO
    It is unlikely that changing attorneys would do anything to prolong your matter.
    Answer Applies to: Georgia
    Replied: 9/24/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    You have the right to hire a new attorney and have the new attorney substiute for your present attorney. The court will not allow you to represent yourself as long as you are represented by an attorney.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Sorry to hear this. I am very interested to know who this lawyer is who is not answering your calls.
    Answer Applies to: New Jersey
    Replied: 9/24/2012
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney