FrustratedasHell
New
Reged: 02/24/08
Posts: 2
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I have been separted since nov of 05, my X left me and our little girl who was 5 mths old at the time and i have not seen nor heard from him since. In south carolina you have to be in the state for a year before you can file so i had to wait a year to file, after i filed my lawyer can't seem to find my X...They said that they served him the divorce papers at his familys house...that was good...and i got a court date, and i thought it was finally comming to an end...but it seems that when i showed up at the court on the day of my hearing..my lawyer asked for a continunce and didn't inform me...it seems that they say they cannot proceed because they couldn't serve him with the papers for the court date...so now i am in a holding pattern...I have called my lawyer too many times to count and i am not getting anywhere...i dont have the money to hire another lawyer...so i am wondering if anyone out there has any sugestions about what to do...is there anything i can do about not being able to find him...it is going on 3 years almost...any ideas would be great...Thanks
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WolRon
Platinum
Reged: 01/16/08
Posts: 255
Loc: MN, USA
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Isn't there a time frame for a 'default' divorce? I'd be surprised if there wasn't.
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I didn't get married to pay CS later in life.
http://home.cmit.net/rwolbeck/childsupport
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FrustratedasHell
New
Reged: 02/24/08
Posts: 2
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I have no idea, but it seems like I can not get anywhere.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2149
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You can't get a default divorce until he's legally served with the divorce paperwork OR have taken the legal steps to get " divorced by publication " .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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gigi
Platinum
Reged: 11/06/06
Posts: 4846
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Call the bar association and complain that you paid your lawyer to file a divorce and serve papers on him, that you were told that he had filed and served the papers, had obtained a court date, and when you showed up to court you were told that your lawyer cancelled it, saying that the ex had NOT been served, and now your lawyer does no tanswer your calls.
As for the lawyer to be required to pay your money back, immediately, and explain that in the meantime you're still apparently married to a man that you dont know where he is and can't find and can't get support from him.
Also, call around to see if you can find another lawyer to take on your case and help explain to you at least what the next step is, to complete this thing in your state. It really shoudl not be too expensive. It sounds like it's uncontested and will be proceeded on by what's called "default". This is similar to default in a sporting event, meaning that the other team didn't show up so you win. But there are some proceedures you have to go through in order to notify the other team and give them time to show before you can officially call it a default.
REALLY, it's easy if you know the process, so a lawyer who does divorce work a lot should practicallyb e able to do it in thier sleep. It's not so easy for an ordinary person to figure out the ins & outs of what you're allowed to do, and this is one of the times when having a lawyer is a good idea... but you realy have ot have one who is willing to stay on top of it and simply get it done, jump through all the stupid hoops, cross the Ts & dot the Is... and then it's over.
SO look for another lawyer, complain about this one to the bar association and see if you can get your money back, and good luck.
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happytobdivorced
Platinum
Reged: 03/15/07
Posts: 1086
Loc: Hell, USA
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Can't you file for abandonment? South carolina still has fault based divorces. 90 days wait-then can be legally divorced.
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Message for my ex "I think you know by now, I'm not the person I used to be"
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