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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27586
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I had my attorney file divorce papers on Friday. My husband

Customer Question

I had my attorney file divorce papers on Friday. My husband will be served on Tuesday. Is there anyway to halt this process? If so, how?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
I really don't want to call my attorney. Can I call the clerk of courts?
Expert:  FamilyAnswer replied 2 years ago.
Good afternoon. I certainly understand the situation and your concern. Is there a reason you want to stop him from being served?
Customer: replied 2 years ago.
Yes. We are doing counseling
Customer: replied 2 years ago.
What do I need to do
Expert:  FamilyAnswer replied 2 years ago.
Thank you for the additional information and sorry about the delay, as I was having issues with my computer. Since you are represented by an attorney, you do need to speak with them. They need to contact the process server or the court, if they will be serving the documents and advise them not to serve them. If for some reason they are served, you are not forced to proceed with the divorce and can voluntarily dismiss the case. At the same time, if you want to see if counseling will help, you can still serve him and then either have him file an answer and response or do not and just do not default him, for failing to respond in the 20 days. Ideally, you would just dismiss the case and can always refile it it. However, you can not call the clerk on your own and just tell them to not serve him, since you are represented by counsel.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 2 years ago.
Someone else said I could call the sheriffs office and cancel the delivery and the papers would be sent back to my attorney
Expert:  FamilyAnswer replied 2 years ago.
You can certainly try. However , the sheriff has no way of verifying who you are over the phone and may not just stop service since anyone can be calling up and claim to be you. Moreover, your attorney would find out anyway so it is best to just call them. The courts would rather have the parties try and work things out then divorce them so there is nothing wrong with what you want to do
Customer: replied 2 years ago.
My attorney will be furious with me. I have been putting this off for 5 months. I keep changing my mind hoping things will work out.
Expert:  FamilyAnswer replied 2 years ago.
You are the client and you can not be forced to proceed if you do not want to. The attorney needs to act in your best interest and if you want to go to counseling and try and save the marriage you have ever right to do so. Please let me know if there is anything else as I would be happy to respond. If not, please remember to rate my help prior to leaving.

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