Legal Question in Discrimination Law in California
Uncontested divorce problems
My wife and I decided to get a divorce and we hired a person to prepare the divorce documents. This person is neither a licensed attorney, nor a paralegal. He charged $425 and provided all of the paperwork for us to sign. He asked many questions including our length of marriage, assets, etc., and typed up the documents. At the time of petition, we were married 10.5 years. We have no childred, do not own a home, neither of us are seeking alimony, and we simply wanted to split the money we have in the bank evenly between us. After waiting 30 days, we submitted the 2nd set of docs to the court on 12/11/08. Our divorce was rejected by the commissioner on 3/27 because the court said it appears my wife and I are asking for the same assets aside from the vehicles. That's because we are splitting the $ 50-50. That's what she and I want to do. Also, it was unclear whether my wife was agreeing to the settlement other than the waiver of alimony. I know this document preparer really messed things up and was wondering what recourse we may have against him (can we get a refund) and if it will be difficult for an attorney to take over and refile the paperwork correctly. Never recieved paperwork back from court due to insufficient postage amt.
1 Answer from Attorneys
Re: Uncontested divorce problems
Yes! Either you (or a new attorney) write a letter to preparer demanding refund. Those who prepare legal documents are licensed by the state. If he didn't have such a license, he is committing a crime.
It shouldn't be too difficult to re file, and most attorneys should be able to take care of this for you.
Please feel free to e-mail my office, if you need more.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
