how do i find out if my lawyer filed my divorce

If you know your spouse has retained an attorney, you can contact him and ask if a divorce has been filed. However, the attorney has a duty of confidentiality to his client and is under no obligation to give you any information. If the answer is "no" or evasive, keep searching in order to verify whether a divorce has been filed.

Full Answer

What to look for in a good divorce attorney?

You need someone who can take the following actions on your behalf:

• Review the circumstances surrounding your divorce and how state laws are likely to apply;
• File the appropriate legal documents with the court and respond to any pleadings you receive from your spouse;
• Appear by your side at divorce-related hearings, making effective legal arguments on your behalf;

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How do you find a good divorce lawyer?

Look for the following when you talk to them:

• Local. You need an attorney who's familiar with the courts and family law judges in your county to strategize appropriately.
• Communicates well. One of the biggest complaints about lawyers is their unresponsiveness to calls or emails. ...
• Realistic. ...
• Experienced. ...
• Professional referrals and customer testimonials. ...

How to choose a good divorce attorney?

How to Select the Right Divorce Attorney: 6 Tips From a Lawyer

• Tips To Find The Right Divorce Attorney For Yourself. ...
• Figure Out What Type of Divorce You Want First. ...
• Create a Budget. ...
• Ask People You Know For Recommendations. ...
• Search the World Wide Web. ...
• Create a List of Interview Questions. ...
• Search For An Experienced Lawyer with Board Certification. ...

What questions to ask a divorce attorney?

• We match 50,000 consumers with lawyers every month.
• Our service is 100% free of charge.
• Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

How long is the divorce process in Texas?

Divorce in Texas is a Lengthy Process. In Texas, a divorce is not final for at least 60 days after a petition is filed. It typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict.

How long does an uncontested divorce take in NY?

roughly 3 monthsSome uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.

How do I know if my divorce is final in California?

The court will give you a proof of written judgement that lets you know that your divorce is final. You can request a copy of this judgement from the court in your jurisdiction – contact the courthouse or visit its website to see what its specific procedures are.

What happens after divorce papers are filed in Texas?

Once you receive divorce papers, you have until the Monday after the 20 days that follow your service date to respond to the divorce petition. You have to file your response by 10:00 AM on that Monday due date.

Can I get a divorce without my spouse's signature in New York?

Can You Get a Divorce Without the Other Person Signing the Papers? ​Yes – in New York State, you can get a divorce without your spouse's signature if your spouse fails to respond to the summons (“no signature required” divorce) or if you cannot locate your spouse (“divorce by publication”).

How long after divorce can you remarry in NY?

There is no post-divorce remarriage waiting period in the state of New York. You will need to ensure your divorce is final, granted by the judge, and that a Final Decree of Divorce has been signed.

How long does it take for a divorce to be finalized in California?

six monthsFrom start to finish, the divorce process in the Golden State can take at least six months – even if both parties agree to the dissolution immediately. This length of time is due to California's divorce requirements and mandatory six-month waiting period.

How do i find divorce records in California?

Record information for divorce filings is available at the Los Angeles Superior Court where the divorce was filed. If the Superior Court location is not known, information can be obtained at the County Courthouse by calling at (213) 830-0803 or going to 111 North Hill St., Los Angeles, CA, 90012.

Are California divorce records public?

California makes divorce records available to the public unless a divorce court has sealed the records. Any member of the public can access the papers of most divorce cases. To be sure, the information in your divorce case could include personal details.

How long after being served divorce papers do you have to respond?

21 daysDivorce papers can be served by personal service, certified mail, or signing for the documents. If the papers were handed to you by a process server, or by any adult other than your spouse, you have 21 days to respond, assuming you were properly served.

What happens after judge signs divorce decree in Texas?

Even after the Final Decree is signed by the judge and filed with the clerk of the court, the divorce is not final. A party has thirty days after the filing of the Final Decree to ask the judge to make changes or to appeal the judges ruling to a higher court. This is almost never done in an uncontested divorce.

Can you stop a divorce after filing?

You can change your mind about divorce and cancel the proceedings, providing both parties agree. If you reconcile at any stage, even after the pronouncement of the Decree Nisi (the middle stage of the divorce), you can ask the Court to rescind the decree and dismiss the petition.

How to check if my wife filed for divorce?

These days, most states have an online database. If not, you might need to head to the courthouse and have a clerk search through recent filings. And that assumes you live in the area where the paperwork was filed.

Do you have to serve your spouse divorce papers?

It’s a step in the process that must happen. But if you suspect that your ex filed for divorce, but haven’t been served yet, there are ways to check.

What to do if you discover a divorce has been granted?

If you discover that a divorce has been granted, you need to get copies of the documents and decree as soon as possible and read them thoroughly. • If you agree with the divorce, or don’t care, you can let it stand, even if your former spouse lied to get the divorce.

How to contact your spouse about divorce?

Contact your spouse’s attorney. If you know your spouse has retained an attorney, you can contact him and ask if a divorce has been filed. However, the attorney has a duty of confidentiality to his client and is under no obligation to give you any information.

How to get copies of my divorce papers?

If so, you can get copies of the documents for a small fee. Contact the courthouse where your spouse lives. If your spouse has moved to another county, you can contact that courthouse. The process is the same, you can contact them in person or by phone. You can also send a records request by mail.

What happens if you are separated without contact?

If you have been separated with little or no contact for at least a year, there is a chance your spouse may have completed a divorce without your knowledge. She may have lied about not knowing your location and the court granted the divorce by default when you failed to respond.

What happens if my spouse gets a default judgment?

If your spouse somehow manages to get a default judgment for divorce because you never knew about the proceedings, all is not lost. Courts order default judgments or decrees when one spouse doesn’t participate in the divorce, often giving the filing spouse everything he asked for in his complaint or petition.

How long can a divorce be filed?

Typically, divorce can only be filed in states where one party has lived for at least six months and the county were one party has lived from one to three months. The first county on the list will be where you live. The next, if you are separated, is where your spouse lives.

What happens when a marriage goes wrong?

When a marriage goes wrong, a common threat you may hear is, “I’ve filed for divorce and am taking everything!”. Another scenario is that you’ve heard rumors that your estranged spouse is dating or has remarried, which is a surprise because you didn’t know you were divorced. Most often, it is a nagging suspicion that something is wrong.

Where do you file for divorce in Arizona?

In Arizona, all divorces have to be filed in Superior Court. All Superior Courts are divided up by county. So, if your spouse filed, then most likely he/she filed in the Superior Court in the county where you both live. If you were already physically separated, then you’ll probably want to look at the Superior Court docket in both the county where you live and where your spouse lives (if different). For those that live on the border of two counties, it can be common for the parties to file in the adjacent county, so you might need to search the neighboring county as well. For example, a lot of people who live in south Queen Creek will still file in Maricopa County, even though they technically live in Pinal County.

What happens if you see a charge for the clerk of the Superior Court?

If you see a recent charge that is for the “Clerk of the Superior Court” and/or for the exact amount of the divorce filing fee in the county where you and your spouse live, then it’s very likely that your spouse filed for divorce.

Does my spouse file for divorce?

To wrap it up, you may have noticed that I never definitively say that your spouse has filed for divorce. The reason why is because until you are served with divorce papers, you probably won’t know for sure with 100% certainty.

Is divorce important in Arizona?

Similarly, the date you get served with divorce papers is legally significant (at least in Arizona).

Can you change your plans for divorce?

You may want to change current plans if you know a divorce is imminent. A divorce is a life-changing event (for better or worse), which is really a process that takes months, or more. So, you might not want to follow through with certain plans if a divorce is on the horizon, such as a big family vacation, starting a new business, changing jobs, etc.

Do you have to pay the clerk of court for divorce?

Unless your spouse filed to defer the filing fee (which is based on financial needs), he/she would have paid the Clerk of the Court a filing fee when the divorce was filed. Each county has its own filing fee amount.

How to unseal divorce papers?

Step 1: Establish a Compelling Reason. Identify and present to the court, crucial and sufficient reasons for requesting sealed divorce records to be open. The judge has to be convinced that there is justification for unsealing the records. Follow applicable laws and guidelines.

How are divorce decrees kept?

Divorce decree and other documents relating to the divorce are kept by the courts in compliance to Federal and State laws and in the course of the court’s regular and administrative operations. All documents maintained by the courts form part of the documents accessible to the public as court records.

What happens if a divorce is partially sealed?

Once a divorce record is partially or fully sealed, all documents referring to it must be treated and documented in the same manner, with the same level of confidentiality as the sealed divorce records, until they are unsealed.

Why seal divorce records?

Reasons for Sealing Divorce Records. A judge is more likely to agree with the application to seal divorce records or redact information relating to: Minors - the court is always keen to shield the identity of children in a divorce. Financial and proprietary information of a company.

What is a representative for divorce in Maryland?

The representative must present a letter of authority signed by either spouse and certified by a notary public. In the State of Maryland, the applicant may be required to provide acceptable identification and the completed request for divorce record form.

What is included in a divorce decree?

Most significantly, it includes the divorce decree, which contains the agreements between the couple on important issues relating to continuance of their relationship as parents, rights and obligations, financial arrangements and more. The divorce certificate also forms part of the record.

What is ADR in divorce?

Divorces are court proceedings, even when a divorce is uncontested or the parties adopted alternative dispute resolution (ADR) tools to achieve an amicable divorce, the divorce paperwork and the agreements reached must be filed in court.

Howard M Lewis

I am sorry that you are going through this. Both of my collegues gave you outstanding advice. You may contact the courthouse and check to see if something has been filed. Keep in mind that you must be served the papers before it has any affect on you.

Eric Charles Lewis

One thing I would add to my colleagues great answers is that it is not entirely necessary that you be served personally with a summons for divorce, particularly if your spouse does not know your whereabouts (address) and has elected to make service by publication in a local newspaper.

Atousa Saei

If you have not been served divorce papers and you are suspecting that you should have been served them, then I would recommend you contact your local courthouse and the local courthouse of your soon to be ex-spouse. I hope this was helpful and good luck to you. More

Florian Eqrem Tabaku

Contact the appropriate court in the county where you currently reside and the county where your wife resides.

Can I see my divorce papers online?

If you need to see your papers online you will definitely be able to access this information.

Can I file for divorce online?

Most states now permit online divorce form filing and these are matters of public record. Each state may also have a backlog of applications of divorces to file, which means it may take a while for it to be granted. But many are anxious to receive word that the divorce is finalized so they can chart a new life course.

The Importance of Knowing if Your Spouse Has Filed for Divorce

One of the worst things about being surprised by a divorce petition is being caught flat-footed and immediately being put on the defensive – which can easily impact the outcome of your case and your post-divorce life.

How to Find Out if Your Spouse Has Filed for Divorce

If you have suspicions your spouse or partner may have already officially filed for divorce, the San Diego Superior Court has provided an excellent service with a searchable database for practically all upcoming legal cases.

How to get a copy of divorce papers?

One of the easiest ways to get a copy is to go to the county office where the divorce was finalized. You can either request a copy in person or by phone and if it’s available, you can also check if the county who has the records offer online requests. Be prepared to complete a request form that would include the basic information about the divorce and also be ready to pay a fee depending on the county regulations.

What does it mean when a divorce is filed under seal?

Now, when a court files divorce records under seal this means that they would become private and this may include part or the entire record. There should be a request to seal the records first and ...

What is a summary of divorce process?

A summary of the processes include that the couple agrees to proceed with the divorce and that both parties would then agree to come to an agreement. Once everything has been finalized and when the judge has already issued an order then the couple would receive their divorce certificate.

Is a divorce decree the same as a divorce certificate?

Another note to remember is that a divorce certificate and a divorce decree are not the same. First, they serve different purposes and can be acquired through different ways. The state vital statistics bureau will commonly issue a divorce certificate while the court will grant the divorce decree.

Is a divorce a public record?

Court proceedings are public records and in most states, the majority of jurisdictions would include divorce proceedings. Not unless the court decides and agrees to file the divorce records under seal – then they become free public divorce records.