Legal Question in Family Law in Louisiana
Thought I was divorced --- I was wrong!
I recently received a letter from my attorney stating that she was going through some old files and realized that my ''case'' had never been filed with the courts. She blamed this on the fact that my ''ex-husband'' had never come in to sign the appropriate papers. He did. Apparently the papers were misplaced and noone followed up on the issue. I had received a letter at the time my divorce was supposed to be final - stating when it would be final, so I assumed that it was final. This was December 1999.
Is my attorney liable for this error? Both my ''ex-husband'' and myself are very unhappy with this new finding.
1 Answer from Attorneys
Re: Thought I was divorced --- I was wrong!
I think its unfortunate, however, unless you or your husband suffered some damage in reliance on that supposed divorce, I think her liability would be very small, if any. If she hasn't gotten your divorce yet, you need to get another attorney and have that finished. She would then owe you the fees you paid her and the costs advanced.
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