Legal Question in Family Law in Mississippi

Re: Lost divorce decree

I'm sorry but I don't think I understand the facts. You went to court in Jan? Were you given a hearing on that day? If so the court should have the final decree and you can get a copy from them.

You said the "paperwork" was lost. What paperwork, the decree on a separation agreement? AGain, if it is the decree you can get a copy from the court. If it is the separation agreement then you may have some trouble if your husband (or exhusband) does not have a copy. Is there any reason why he would want to change the paperwork and if so, what would he change?

I'm sorry I can only respond with a number of questions for you, but I need to understand your question before I can provide an answer. Give my MD office a call at 301-652-0663.

Re: Lost divorce decree

If a judgment of divorce was entered by the court, you can get a copy there. You may have to pay a small fee, but you should not have to if you never received a copy from the court. If the court has no record of the final divorce decree, and nothing was entered in the docket (the court clerk should be able to explain that to you), there should still be, at the court, a recording of the testimony. If you and you husband had a separation agreement, I assume a copy of that was filed with the court. If there is a copy of that in the file, you can get that too. But your husband's lawyer should be able and willing to provide you with a copy of the agreement, signed and notarized. Lawyers make a lot of mistakes,as does everyone else, and some lawyers do things which are less than entirely ethical. But I doubt that a practicing lawyer would risk his right to practice law by deliberately changing a legal document which you have signed. Check with the court, first,and then ask your ex-husband's lawyer for a copy of the agreement if that is what's missing. If he refuses to give you a copy, I would suggest that you file a motion with the court asking that he be ordered to provide it to you.