what happens if your lawyer files your divorce in the wrong county

The obvious first step is to call her or her lawyer and point out that the paperwork was filed in the wrong county and ask that she dismiss the case and re-file in the proper county. If she doesn't do that, then you file a motion to change venue to the proper county. I suggest you consult with a local divorce attorney.

Full Answer

Can my lawyer tell me what happened in my divorce case?

It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls

Is it hard to decide what County to file for divorce?

That being said, when it comes to deciding what county or venue to proceed it can become tricky when considering each factor and ramification of personal issues when separation of state or county becomes a problem. When these issues arise, is it possible to file for divorce in different counties?

What happens if you miss a court date in a divorce?

Missed Deadlines There is simply no excuse for an attorney who can’t file documents on time or one who misses important hearings in your case. Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice. 2. Perpetually Late

Why would a lawyer not be qualified to handle a divorce?

Unfamiliarly with the Divorce Process Many attorneys focus on one or two practice areas, such as family law or criminal law. A lawyer who doesn’t understand the basics of a divorce or who can’t explain the court process probably isn’t qualified to handle your case.

Do you have to file for divorce in the county you live in Texas?

Can I file for divorce in Texas? You can file for divorce in Texas if you or your spouse has lived: in Texas for at least the last 6 months, and. in the county where you file for divorce for at least the last 90 days.

What happens if you lie about a divorce?

Punishment for committing perjury could result in probation, fines, or a prison sentence up to 5 years. If your spouse's deceit doesn't warrant a criminal investigation, the judge in your divorce case could still find your spouse in contempt of court, which could result in fines or time in jail.

How many years do you have to be separated to be legally divorced in Texas?

Are there separation requirements in Texas? Texas does not recognize legal separation. However, separation for a period of at least three years is one of the grounds for divorce in Texas.

Do judges see through lies?

Judges are only human. The judge will do his or her best to determine who is telling the truth, but the judge doesn't know either of you very well. The judge may conclude that your ex is lying and, if so, this will certainly affect how the judge rules in the...

How do you fight a narcissist in a divorce?

Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

How much is a wife entitled to in a divorce in Texas?

The answer is that women's rights in a divorce in Texas are the same as men's rights. Whether it be an award of spousal support or the just division of marital assets (called community property), both parties are subject to the same rules and considerations imposed by Texas courts.

Is dating while separated adultery in Texas?

In Texas, you can file for a divorce under fault or no-fault grounds. One of the fault-based grounds, also commonly known as reasons, for divorce is adultery. Therefore, the court may consider dating while in the middle of divorce proceedings as “adultery” even if the couple has been separated and living apart.

What should you not do during separation?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

How do you deal with a lying spouse?

Tips on How to Deal with a Lying SpouseReview His Lying Pattern. One of the best ways to approach a lying spouse situation is to analyze the patterns of his lie. ... Don't Blame Yourself. ... Think About Whether You Want to Know the Truth. ... Work it Out as a Couple.

How do you deal with a liar in court?

There are steps that another person can take whether a party or an observer to inform the court of lies.Provide Testimony. A person who knows that someone else has lied to the court may be called as a witness by the adverse party. ... Cross-Examination. ... Provide Evidence. ... Perjury. ... Jury Instruction. ... Legal Assistance.

Why do people lie during divorce?

Often, spouses lie to seek an edge in a contested divorce. Maybe they want more time with the children or more spousal support than they should have. Lying about finances is also fairly common. When hearing your spouse lie, you probably feel shock that slowly turns to outrage.

How do you deal with a vindictive husband in a divorce?

It's not easy dealing with a vindictive spouse during a divorce, but there are things you can do to minimize the impact of his or her actions.Remain Calm. ... Pay Attention to Your Behavior. ... Don't Stop Talking to Your Spouse. ... Consider Your Financial Future. ... Avoid Putting Your Children in the Middle.

Brandon Zimmerman Law Topic Starter New Member

I was recently served divorce papers. Kansas legal services prepared the paperwork for my soon to be ex wife. After looking over paperwork it was filed in Sedgwick County ks. we both reside in Pratt, ks. There are address discrepencies such as possesion of the house is an address in wichita. Once again we both reside in Pratt, Ks.

Brandon Zimmerman Law Topic Starter New Member

The way you asked those questions suggests that you would be wise to have an attorney.

Brandon Zimmerman Law Topic Starter New Member

Thank you Kansas legal services did the paperwork for her. I wasnt sure if i could just send an e mail or if i needed to contact Kansas legal services through a court document.

Red Kayak Well-Known Member

Thank you Kansas legal services did the paperwork for her. I wasnt sure if i could just send an e mail or if i needed to contact Kansas legal services through a court document.

adjusterjack Super Moderator

Thank you Kansas legal services did the paperwork for her. I wasnt sure if i could just send an e mail or if i needed to contact Kansas legal services through a court document.

army judge Super Moderator

I was recently served divorce papers. Kansas legal services prepared the paperwork for my soon to be ex wife. After looking over paperwork it was filed in Sedgwick County ks. we both reside in Pratt, ks. There are address discrepencies such as possesion of the house is an address in wichita. Once again we both reside in Pratt, Ks.

Where does a wife move to when she gets divorced?

They separate and let’s say Wife moves all the way to Sacramento County, a considerable 500 miles from San Diego. Wife waits for two and a half months before she files for divorce and serves the divorce upon Husband. If Husband doesn’t proceed carefully, he may end up litigating a case in a completely foreign county.

What should a husband do in San Diego County?

The first thing Husband should do is file and serve a petition for divorce from San Diego County. The reason for this is because Wife was only a half a month away from meeting the residency requirements in Sacramento County.

Where did husband and wife live in San Diego?

Let’s say Husband and Wife lived in San Diego county for their entire marriage. All the community property they amassed during the marriage, everything from the marital residence to the clothes on their back, is in San Diego. They separate and let’s say Wife moves all the way to Sacramento County, a considerable 500 miles from San Diego.

Can a respondent move to quash a proceeding?

Within the time permitted to file a response, the respondent may move to quash the proceeding, in whole or in part, for any of the following reasons:

Can a husband file a request for order to quash?

Given the facts above, if Husband files his Request for Order to Quash before the applicable deadline, the Sacramento Court should decline to take the case. However, these issues can be tricky and having competent, experienced counsel could make a difference in your case.

Does a husband have to file a petition in San Diego?

Husband filing and serving his San Diego County petition as soon as possible will ensure that the San Diego case would be first in time compared to any subsequently filed Sacramento case. Once Husband files and serves his San Diego petition, he needs to act on Wife’s errantly filed Sacramento petition and he needs to do it fast.

What is the legal standing of a divorce?

Depending on if you or your spouse file for divorce, the person who filed has legal standing of proceeding with the divorce in their chosen county. Courts can use a range of ways to determine the true residency of you or your spouse, and can make a legal decision on this to decide where divorce proceedings will go underway.

How long do you have to wait to file for divorce in Alaska?

States such as Louisiana, Kentucky, and New Mexico have a waiting period of six months while some like Utah or Montana have 90 days.

Which states have a waiting period for divorce?

States such as Louisiana, Kentucky, and New Mexico have a waiting period of six months while some like Utah or Montana have 90 days. A similar state to Alaska and the only other state which will allow divorce without a residual waiting time is South Dakota, where when legal action is taken and the venue is considered for South Dakota, ...

Is divorce a real thing?

In the modern day and age, divorce is a tumultuous although very real concept. That being said, when it comes to deciding what county or venue to proceed it can become tricky when considering each factor and ramification of personal issues when separation of state or county becomes a problem.

Is divorce a positive thing?

Divorce In A Positive Light. In a positive light, Time magazine ran a study which concluded that the divorce rates in the United States have hit a 40 year low. While this is a good number, the threat of separation isn’t always an avoidable concept and when it does happen, most, if not all states within the USA tend to allow divorce within different ...

Do you have to take a parenting course to get divorced in Bellevue?

The legal advice site, DuBois Cary Law Group (a professional group of divorce attorneys in Bellevue ), states that some counties may require you to undergo a parenting course before they will acknowledge your request for a divorce.

Do you have to be a resident to divorce?

However, when you are divorcing in different counties and states you must understand their individual policy as well as your own standing on this process. A state may request that your spouse must be a resident and they will have to be present there for a certain amount of time. When it comes to going to court to discuss residency they will account certain factors in order to determine your spouse’s true residence. According to Findlaw.com these factors can be where is your spouses family, and where they are currently living as well as where your spouse votes, and where they are employed.

3 attorney answers

Your child being unborn does not have a county of residence, and normally the proper county of residence is a residence of the child for six months. I am assuming that proposed father has filed a paternity action in the County where he lives. You do not say whether the Conception Took place in Yolo County.

Lawrence Hellmann

The father filed in his county. He filed incorrectly. Find an attorney who understands UCCJEA jurisdiction and file a motion to quash. The father will/should file in your county...

Dawn M. Saenz

You’re going to have to file a motion to quash for that hearing for lack of jurisdiction. I doubt that you’ll be able to do this if you do not have an attorney.

What happens if you miss a court date?

Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice. 2. Perpetually Late. It’s a bad sign if your attorney is always running late, especially if it’s to an important meeting or a court hearing.

What happens if your lawyer doesn't understand your law?

If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.

What is the difference between assertive and take charge divorce lawyers?

11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.

What does it mean when a lawyer doesn't respond to messages?

A lawyer who doesn't respond to numerous messages probably isn't giving your case the attention it deserves. 6. Unfamiliarly with the Divorce Process. Many attorneys focus on one or two practice areas, such as family law or criminal law.

What happens if your attorney forgets your 4th child?

Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case . Your attorney should remember the basics about your divorce.

What is a lawyer's dishonesty?

A lawyer’s dishonesty is a serious red flag. An attorney who lies to opposing counsel or a judge won’t hesitate to lie to you.

Is it okay to ask your attorney to check your case notes?

It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls. It's usually a bad sign if your attorney consistently fails to return your calls within a reasonable time.