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I went to a attorney through the mail, which i had been corresponing…

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I went to a attorney...
I went to a attorney through the mail, which i had been corresponing with only through mail, it seems he is always asking for money, and i am not allowed to call him, without another 25.00 an hr. fee.
I filed back in august of 2009, the first attempt to contact my ex Jamie failed, she was upset and signed the papers and put the date as one month behind, in other words she signed them august, instead of sept. when she recieved them.
I had to send an additional 70.00 for them to send her a regestered letter which said her signature only, she had her boyfriend sign it.
well of couse that wasnt good enough. now he wants another 35.00 to reopen it.
Note: keep in mind the intional fee was
$ 195.00
$70.00 /. to send certified lettersept 15th, jamie signed it august 21th ( she didnt even get it till sept 15th)
I dont know what to do. Reisman and davis said my 2 year seperation started the day i moved out which was june 22 2009
email:[email protected]
XXX-XXX-XXXX
Sincerly
George E weaver
Submitted: 8 years ago.Category: Family Law
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Answered in 14 minutes by:
6/25/2010
Family Lawyer: ANDREA,, Lawyer replied 8 years ago
ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
Verified

Hi, George

 

Thank you for bringing your question to JustAnswer. I am an attorney licensed to practice in New York and Pennsylvania and will be glad to help. Let me first see if I understand your problem. You are trying to get a divorce from your wife and contacted an attorney by mail to represent you. You were told that the fee was $195 and $70 an hour thereafter. They sent something by certified mail to your wife, but she did not sign for it, her boyfriend did.

 

Is this correct ?

 

If my understanding is correct, please give me the following information:

 

1. What did the attorneys send to your wife by certified mail ?

 

2. Did the attorney give you a copy of what was sent to your wife ?

 

3. What problems did the attorney say he has with your divorce case ?

 

4. In what county do you live ?

 

5. In what county does your wife live ?

 

6. If the attorney filed a Divorce Complaint, in what county did he file it ?

 

Thank you

 

ANDREA

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Customer reply replied 8 years ago

1.A concent form she was to sign to concent an uncontested divorce, she signed it whith the wrong date

 

2. yes he did

 

3.No problems but she is being difficult, she said she would sign if i gave her the jeep i own, we tried to work with her but she got mad and left.

 

4. Lackawanna

 

5. clinton/ moved to lycoming county recently

 

6. He filed it in potter county, case #XXXXX

 

Family Lawyer: ANDREA,, Lawyer replied 8 years ago

Thank you for your additional information

 

I have a better picture now. The Complaint in Divorce is seeking a divorce under 2 grounds that I can see - Under Section 3301(c) with the Affidavit of Consent and Section 3301(d) - 2 year separation. The date on the Affidavit of Consent should be the date your wife signed it - there is no "right" or "wrong" date. The 3301(d) Affidavit of Separation is signed by you and is served on your wife. Since the Affidavit of Separation under 3301(d) must be served by certified mail, I serve these Affidavits with the Complaint in Divorce and simply use future language like this:

 

Plaintiff George E. Weaver has been living separate and apart from defendant ________ since August ____ , 2009 and at the time of filing of this Affidavit of Separation Plaintiff and Defendant will have lived separate and apart for a period of at least two (2) years.

 

If the Complaint which was served by certified mail was not signed for by your wife, it was improperly served on her - No ifs, ands or buts. The Complaint in Divorce should have been cerved by certified mail, Restricted Delivery so that only the wife coulod sign for it.

 

The Complaint in Divorce should have been filed in the county where either you or your wife reside; The county in which the attorney filed it is "improper venue" and could possibly invalidate your divorce. Lackawanna County or Clinton County would be the proper venues.

 

I have heard about these "Mail order attorneys" and they are like "divorce factories" and nothing but trouble. They file in a county where the filing fees are very low, they have their secretaries do all the work and take only uncontested divorces which have no property to divide between the parties because they make a standard form and have their secretaries simply fill in the blanks. That is why the attorney is not making any real effort to contact your wife, they "lose" money on divorces that require telephone calls, property settlements and the like. And, as I said, the entire case will fall because your wife is not properly served with the Complaint in Divorce.

 

__________________________________________

 

Positive Feedback and BONUS are very much appreciated.

 

If you have questions in the future, feel free to ask for me by typing your name at the beginning of your question

____________________________________________________

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

Ask Your Own Family Law Question
Family Lawyer: ANDREA,, Lawyer replied 8 years ago

Thank you for your additional information

 

I have a better picture now. The Complaint in Divorce is seeking a divorce under 2 grounds that I can see - Under Section 3301(c) with the Affidavit of Consent and Section 3301(d) - 2 year separation. The date on the Affidavit of Consent should be the date your wife signed it - there is no "right" or "wrong" date. The 3301(d) Affidavit of Separation is signed by you and is served on your wife. Since the Affidavit of Separation under 3301(d) must be served by certified mail, I serve these Affidavits with the Complaint in Divorce and simply use future language like this:

 

Plaintiff George E. Weaver has been living separate and apart from defendant ________ since August ____ , 2009 and at the time of filing of this Affidavit of Separation Plaintiff and Defendant will have lived separate and apart for a period of at least two (2) years.

 

If the Complaint which was served by certified mail was not signed for by your wife, it was improperly served on her - No ifs, ands or buts. The Complaint in Divorce should have been cerved by certified mail, Restricted Delivery so that only the wife could sign for it.

 

The Complaint in Divorce should have been filed in the county where either you or your wife reside; The county in which the attorney filed it is "improper venue" and could possibly invalidate your divorce. Lackawanna County or Clinton County would be the proper venues.

 

I have heard about these "Mail order attorneys" and they are like "divorce factories" and nothing but trouble. They file in a county where the filing fees are very low, they have their secretaries do all the work and take only uncontested divorces which have no property to divide between the parties because they make a standard form and have their secretaries simply fill in the blanks. That is why the attorney is not making any real effort to contact your wife, they "lose" money on divorces that require telephone calls, property settlements and the like. And, as I said, the entire case will fall because your wife is not properly served with the Complaint in Divorce.

 

__________________________________________

 

 

Positive Feedback and BONUS are very much appreciated.

 

If you have questions in the future, feel free to ask for me by typing your name at the beginning of your question

____________________________________________________

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Don't forget to leave positive feedback!

 

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