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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My cousin contacted and paid a lawyer in Philadelphia, Pa to

Customer Question

My cousin contacted and paid a lawyer in Philadelphia, Pa to file for divorce from his estranged wife around 8/15. They have been separated since 8/2010. He advised the lawyer that they have one property and he has a 401k. The lawyer stated he would enter a settlement agreement where he would sign over his rights to the home if she forfeits her rights to the 401k. He paid the lawyer the requested amount of $1600.00 for the services. In the beginning of September 2015 she was served the divorce papers and has not contested. Yet everytime he contacts the lawyers office has never there and he never gets a response back. He did complete the paperwork and submitted them by mail as he resides in South Carolina since 1/14. The only time they did speak was about 3 weeks ago and was told that the lawyer wanted to contact his estranged wife to make sure she had a lawyer. Is this information correct? He was advised originally that after the 30 days if she did not contest the divorce it would go to the judge to finalize. Please advise. Thank you in advance for your assistance regarding this matter.
Submitted: 10 months ago.
Category: Family Law
Expert:  Samuel II replied 10 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Yes. Your cousin's attorney has an obligation to ensure that she does not have any legal representation and does not want her own attorney. In other words, because your cousin's attorney prepared the documents, he would be in essence representing both parties even though it is uncontested.

I suggest, he can continue to follow up with the attorney via email or written letter and request the divorce be filed. And if he is not going to file the discuss what the retainer was for.

Expert:  Samuel II replied 10 months ago.

Please let me know here, if you have other questions. Otherwise I would appreciate a positive rating as that is how I get credit for my time and information.