Think attorney is lying

[alwysbencrzy]

What is the name of your state? Louisiana

My boyfriend is filing for divorce. 1st attorney drew up divorce decree. Then he never served the ex. New attorney supposedly filed for change of attorney. A discussion about what changes needed to be made to the decree. He has never seen or signed the new papers. The new attorney said he sent a process server to her work.

My ? is-how could she be served if he never signed anything.

 

[Ohiogal]

What is the name of your state? Louisiana

My boyfriend is filing for divorce. 1st attorney drew up divorce decree. Then he never served the ex. New attorney supposedly filed for change of attorney. A discussion about what changes needed to be made to the decree. He has never seen or signed the new papers. The new attorney said he sent a process server to her work.

My ? is-how could she be served if he never signed anything.

If your boyfriend has an attorney he doesn't NEED to sign the papers. What do you think he needs tosign.

Oh and by the way, your boyfriend is committing adultery. You are aware of that aren't you?

 

[alwysbencrzy]

So he doesnt need to sign the divorce papers?

We have never seen the new divorce decree at all.

And FYI.....they were seperated for 5 years before we got together (3 years ago).

Wow u really must be going thru a bad one.

 

[mistoffolees]

Oh and by the way, your boyfriend is committing adultery. You are aware of that aren't you?

Assuming that they're having sex. Granted, that goes with dating a very large percentage of the time, but there are still some couples who date without having sex.

 

[alwysbencrzy]

My ? wasn't whether adultry is being committed....

But what is the protocal of serving the divorce papers.

The first divorce papers were as nice as you can get. Joint custody, no child support, no fault divorce. My boyfriend has had custody of the kids for the last year. She was supposed to get her life together and get a stable place after she was released from prison. She didnt and the kids wanted to move w/us.

She has a long criminal history of writing hot checks (along w/other things). She has claimed the kids on her tax return (and really hasnt even bought them a box of mac and cheese). The kids have not lived w/her for 6 years. I am concerned that my boyfriend is going to end up w/"joint" checking accounts he doesnt know about. We do credit checks on a regular basis.

We paid the 1st attorney $1,400 and when she couldnt be found to be served (after being given the 1st of papers by her sister)-he stopped answering calls, then after 6 months of being non-responsive, passed us on to an asociate of his who was equally unresponsive.

Are papers typically served to the respondent before the petitioner has signed them?

Just wondering if we have wasted another $1,000 on this next attorney. I have not seen any evidence that the new attorney has done anything exept cash checks and make some notes.

 

[Ohiogal]

We have never seen the new divorce decree at all.

You have NO right to see the divorce decree. The divorce decree is issued at the end of the divorce not at the beginning. A divorce complaint could be amended and served. And he doens't have to sign a complaint.

And FYI.....they were seperated for 5 years before we got together (3 years ago).

Doesn't matter. If you two are having sex, he is committing adultery. Legal fact.

Wow u really must be going thru a bad one.

Nope. I am not going through one at all. Nor am I speaking text.

 

[Ohiogal]

But what is the protocal of serving the divorce papers.

A divorce complaint? Filing it with the court and sending it to the soon to be ex.

The first divorce papers were as nice as you can get. Joint custody, no child support, no fault divorce. My boyfriend has had custody of the kids for the last year. She was supposed to get her life together and get a stable place after she was released from prison. She didnt and the kids wanted to move w/us.

Joint custody to a felon? Okay. That might have caused some troubles as might the no child support portion. YOU are NOT a party to this.

She has a long criminal history of writing hot checks (along w/other things). She has claimed the kids on her tax return (and really hasnt even bought them a box of mac and cheese).

When did she claim them?

The kids have not lived w/her for 6 years.

Where did they live before your boyfriend had them?

I am concerned that my boyfriend is going to end up w/"joint" checking accounts he doesnt know about. We do credit checks on a regular basis.

You check his credit?

We paid the 1st attorney $1,400 and when she couldnt be found to be served (after being given the 1st of papers by her sister)-he stopped answering calls, then after 6 months of being non-responsive, passed us on to an asociate of his who was equally unresponsive.

How do you know she was given the first papers by her sister? That may be service.

Are papers typically served to the respondent before the petitioner has signed them?

Yes.

Just wondering if we have wasted another $1,000 on this next attorney. I have not seen any evidence that the new attorney has done anything exept cash checks and make some notes.

The attorney is NOT working for you. You are lucky you have seen that much.