Legal Question in Family Law in Minnesota
my daughter's lawyer did not file the signed divorce papers, however her ex did file an answer so a court date was held. Attorney did not show, attorney is now saying that she is no longer my daughter's lawyer because my daughter did not send her some requested paperwork. My daughter does not recall receiving them. Can we start from scratch and try to re-file (it should be a somewhat simple divorce...one child...no assets), or do we need to take it from the answer her ex filed? Also, how can she try to get her money back? She paid $500 for this "unbundling" service. State of Minnesota. Thanks. She recently got laid off, is receiving approximately $700/month in disability due to her ex's life changing accident which resulted with a traumatic brain injury. He gets monthly disabilty also, but pays no child support. Their daughter is two and a half. Where can she go from here? Because of his injury, he goes back and forth about joint physical custody, which he will never get because he cannot take care of their daughter on his own. How can she file for temporary child support? We're not sure if he would be ordered to pay or not, but I think it's worth trying.
1 Answer from Attorneys
If an Answer has been filed, you must file a Petition that was served or serve an Amended Petition. The original Petitoin, however, should still be filed.
Generally, $500 is about the expected cost to draft divorce papers without filing them or appearing in Court. Whether you can seek a refund would depend on your agreement with the lawyer for legal services and what services were to be provided. THat would be included in your retainer agreement.
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