Legal Question in Family Law in Alabama
Lawyer to Lawyer
My wife and her attorney are well aware of my legal representative. I was served ''papers'' regarding her filing for a contested divorce. I live in another state; however, my attorney lives in the same state as she and her attorney. My attorney never received any information or reference to this filing. Does her attorney have to send this information to my lawyer considering he has been hired to represent me or is it my sole responsibility?
2 Answers from Attorneys
Re: Lawyer to Lawyer
You need to send a copy of the papers to your lawyer immediately. Most attorneys will send a courtesy copy of the papers to the other attorney in a situation like that, but if your wife's attorney did not do that when he filed it then fax the papers to your lawyer yourself. While most attorneys will provide a copy to other lawyers as a matter of professional courtesy, your wife's attorney is not under any legal obligation to send your lawyer papers that he served on you.
Re: Lawyer to Lawyer
Typically, when an action is commenced, the pleadings are served on the party, unless his or her attorney has been authorized to accept service of them on the client's behalf. All you need to do in this situation is simply forward the papers to your lawyer for him to review and handle for you.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens