Legal Question in Family Law in West Virginia

Answer not filed as requested

I have been attempting to battle a divorce based on the grounds that the petioner's claims were unfounded and untrue and her demands were not even realistic. I hired an attorney to take care of this matter for me and told him how I wished this to be answered. I dsd not seen the answer filed my my attorney until today, when my soon to be ex-wife showed me the one her attorney had given her, My attorney has agreed to almost all af her demands except thoes that are almost certian to be granted to her by the court anyway. My hearing is on Monday the 23 of August, 2004, which is only three days from now and I have been unable to contact my attorney and he hasn't returned any of my calls. I am a totally disabled veteran and have virtually had to do without everything for the past 6 weeks just to pay this attorney, even food and gas for my car. It appears that I am being ''hung out to dry'' and have no idea what can be done at this late date. Please, is there anyone who can help me find an answer to the disaster, or advise me as to what I can do?


Asked on 8/19/04, 7:34 pm

1 Answer from Attorneys
Carolyn J. Stevens CJ Stevens|Law

Re: Answer not filed as requested

CAVEAT: I do not practice in your state, and your state laws might be different from mine. This is a general answer only.

If your attorney ignored you and without consulting with you drafted an answer that is against your interests, and because you say he is not taking your calls, you must attend the hearing. You must inform the court (1) that you did not see the answer until Thursday, (2) that the answer is not what you talked about with your attorney, and (3) that your attorney refuses to speak with you, and (4) that this hearing is the first time you've had an opportunity to discuss it with him because he won't accept or return your calls. Ask for a continuance so you can retain new counsel. Ask the court to order him to return your money so you can retain the new attorney. You might also have grounds to file a complaint with the state bar association's grievance committee.

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Answered on 8/20/04, 7:48 am


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