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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My wife lives in Ohio and I in Connecticut. We have not been

Customer Question

My wife lives in Ohio and I in Connecticut. We have not been together for over 8 Years. On July 2013 I received a packet from a lawyer and in the packet was a petition for dissolution, separation agreement. I signed it and had it notarized and I sent it back to the law office that sent it to me. Every time I asked her about it she gives me the run around. For example like they are backed up then she would say that she would look into it etc. It has been over 3 years and still nothing. She used to work for the court of appeals in Ohio as a judicial secretary so I'm sure she has friends in high places. I contacted the law office were the packet came from and they only give me the runaround stating that they gave her the divorce papers. She had filed for bankruptcy not to long after I sent the papers. I believe that those papers which were notarized are in fact a legal document and those papers should have been filed and after 3 years I should have been divorced. I recently herd from a close friend of hers that she has stated to many people that I had refused to sign the papers. Do I have a case against the law office that falsely sent me papers only to hand it to her for her own purpose. She has always threaten me with legal issues because of the people that she knows. I would like to think that I have rights to and not be threaten by idea that she has friends in high places. Any advice would be appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies to you for being in this situation. I will directly answer your questions and point out concerns, but if the answer is not as you hoped, please do not blame the messenger.

You asked:

Do I have a case against the law office that falsely sent me papers only to hand it to her for her own purpose.

The answer is 'no'. Anything attorneys draft is for their client, and it does not mean that the document will actually be used. The attorneys are not responsible for the filing unless they were hired to file it as well. For example if you hire me to draft a contract for you to use to buy a bakery next door, which I draft for you, the baker cannot sue me if you end up never using that contract (as I did not represent the baker, he has no basis to sue me, or demand that the agreement be utilized).

What you CAN do is file on your own. You can check the courthouse and see if anything was actually filed--contact the clerk, give them your last name, and see if anything is on the docket. If not, and it likely isn't there because most filings are removed after 6 months of inactivity, you can simply draft your own documentation and file on your own. I realize that this is not potentially ideal, but if you want to be divorced and she isn't filing the documentation, you can file yourself and then if she refuses to sign, you can push for a default divorce instead. And you can file in your own home state and not where she resides because either state is a valid location for pursuing divorce.

Sincerely,

Dimitry, Esq.

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