(and a little frustrated because I just lost what I was trying to post).

Hello...I'm new and not sure where to post my concerns. I'm really glad to have found this website. There is comfort in learning I am so not alone.

I filed for divorce last April and in June retained a lawyer to assist me with my disclosures. I had no clue what to do with them and was frustrated because I was trying to do my divorce by myself and the Hall of Justice kept rejecting my papers. I wish I'd found this website a year ago...I would never have retained this guy.

My divorce *should* be simple: no kids, no property...just debt: 64k in student loans for me from before we married and about 12k for him in credit cards (all in collections now) that are in his name only from before we married (with about 8k incurred during our marriage). There is also the matter of a repossessed vehicle purchased during the marriage but in his and his dad's name. After auction the balance was just under 8k, and it is now in collections. My stbxfil doesn't care because he no longer lives in the country.

Neither of us is contesting anything. We both checked the box for no alimony to be granted. We talked and agreed to walk away with what we came with...but it's not on paper as far as what we agreed to. He agreed to take the credit card debt because it's so much less than my student loans (but in his mind none of it exists because he's walked away from EVERYTHING and left no forwarding address).

Well, I recently had a court date. I showed up in person while my lawyer did the phone-in conference. The judge looked over my file and said "This should be easy enough." She asked what my lawyer wanted to do and he moved to set a trial date. The judge set a date to determine alimony and division of debt and said she wanted my 401k information and all the credit card statements from the time we were married. I left the courtroom in a fog and really didn't understand what had just happened in those five minutes.

My lawyer has done an excellent job of keeping me in the dark, not answering my questions and passing me off to his incompetent secretaries. I'm so glad to have found this site because I have learned that trials are generally for people who are contesting their divorce, which we are not. I have not been able to find out from my lawyer whether or not I can file a default. My stbx signed the response papers (which I took to the Hall of Justice and filed) but nothing else including the disclosures. I feel like my lawyer is just trying to drag things out so he can keep charging me. He gives me the impression he might have gone through a nasty divorce and gotten screwed over so he's out to stick it to any woman trying to get divorced.

I'm really frustrated with him and do not want his representation anymore. Can I fire him? He's already used up the retainer fee and for what??? every phone call, every email, every photocopy his secretaries make. Every time they have called me to set up an appointment for me to meet with him, I have driven half an hour (without traffic) and arrived early to find him running late and then be passed off to one of his secretaries for something that could have been accomplished over the phone. They are never capable of answering any of my questions and tell me they need to ask him...which apparently they don't because I never get answers back.

So I guess what it all boils down to is this:
1) Can I fire my lawyer at this point?
2) Can I cancel my trial date or can it only be postponed? What would happen if I didn't show up? (I know the stbx won't show: to him our divorce was final the day he moved out).
3) Would anyone happen to know if I can file a default?
4) Has anyone been in this situation of being responsible for debt on credit cards that aren't in your name (though some of it was incurred during your marriage)?

Any insight would be greatly appreciated!!! I just want this nightmare to end. I feel like I've been in suspended animation for the past year. My heart is still very broken and I don't feel I'll truly be able to move on until I receive closure from the finalization of my divorce. I want my divorce...I want my life back.