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  1. #1
    Join Date
    Aug 2015
    Posts
    7

    Default Served With Documents Not on File With the Court

    My question involves a marriage in the state of: Tennessee
    Two years ago my wife filed for divorce. A few months later we reconciled and filed an Order of Reconciliation which would cause the case to be dismissed unless one of us filed papers within 6 months of the Order of Reconciliation. I have verified that there is a document on file, dated in 2014, stating that the previous motion for divorce has been dismissed by the judge. My wife and I have had some issues as of late and two weeks ago I received a letter in the mail from her former lawyer stating that she was representing my wife and had filed papers to have the Order of Reconciliation removed. This would mean that the two year old divorce paperwork would be reinstated. The cover letter plainly states, "Enclosed please find a copy of the Motion to Set Aside the Order of Reconciliation which has been filed in this case. If you have retained new counsel, please have your counsel contact me so that we may discuss this matter." The court clerk office has no record of this being filed and the documents that I have received have not been stamped by the courts. As far as the clerk can tell, there are no filings or motions regarding the previous divorce. This means that my wife's lawyer wrote up documents that she did not file and served me with them under the guise of being on file with the courts. Since receiving these papers, my wife and I have gone to a few counseling appointments in which she stated that she "filed" the papers as a shock tactic and neither her, nor her lawyer, expected the motion to be upheld. The real reason the motion will not be upheld is because it was never filed. Are there any actions that can be taken against this lawyer for falsifying documents, unethical behavior, or intimidation tactics? Any help on this would be great. Thanks!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Divorce - Service of False Papers

    Your beef is with your wife, at whose behest the lawyer sent the letter with the phony papers.

    My opinion: If your wife wants to play games like that, I'd file for divorce in a heartbeat - for real.

    You're welcome to file a complaint with whatever state agency regulates attorneys if it gives you some satisfaction but I suspect you'll be wasting your time.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Divorce - Service of False Papers

    I ditto Jack's response. She is going to keep playing games - she needs to learn she can't do that and this is a consequence.

  4. #4
    Join Date
    Aug 2015
    Posts
    7

    Default Re: Divorce - Service of False Papers

    Thank you for the responses. It seems that we were all thinking along the same lines. Today, after I wrote the post, I retained a lawyer and completed all of the paperwork to file. In the morning, my lawyer is going to file as soon as the courts open and my wife will be in for a surprise of her own. The only difference is that I'm serious about completing the divorce. I've been waiting until I had all my ducks in a row for two years to get out and it seems as though things have aligned. This was the end-game and it has played out well. I did let my head get the better of me a couple times in the past couple weeks but overall I have been able to string her along into thinking reconciliation was on the horizon. Tomorrow will be an exciting day, I just hope I can get some sleep tonight. I'm expecting 50 missed calls tomorrow, give or take a few. I'm also expecting her to say that I can't have the kids this weekend (which was previously agreed upon) and my lawyer says that is exactly what I want to hear. Wish me luck, the road will be long, but happiness awaits at the end.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Divorce - Service of False Papers

    I do wish you luck, and strength.

    Divorce is never easy on the adults and it's even harder on the kids. Keep them as your priority and you'll do just fine. Skip over to the custody forums i you need help there.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Divorce - Service of False Papers

    I do see a problem with the; stringing her along with the possibility of reconciliation.


    I see you like to play games as much as your wife does. Sounds like you deserve each other.

  7. #7
    Join Date
    Aug 2015
    Posts
    7

    Default Re: Divorce - Service of False Papers

    I agree that stringing someone along is not an honorable thing to do but I needed to be sure that I had everything in line to file. Two years ago I did things to lose her trust and I have worked hard to earn that back. There was never infidelity or abuse, but either way I should have been a better husband then. I did work to reconcile this marriage and when I left two weeks ago it was to give us space to work on things. Sometimes issues are easier to work out when you aren't right on top of each other in the same house. She "filed" the new stuff less than 12 hours after I left. The stringing along was really only the past two weeks, and it only became stringing along after I decided it was time to get out. I thought I wanted out two years ago but I have to be honest and say that I forgot the plan somewhere in the middle and really did try to make it work. You are welcome to your opinion regarding us deserving each other and perhaps we do deserve each other, but that will have to be in another life.

    Here is a good example of something that happened two years ago right before she filed (just for entertainment b/c it's a pretty good story):
    We were at a venue for a wedding and the wedding was to be the next day. Her family started heavily drinking, her as well, and started getting out of hand. She was picking and starting arguments so I decided it was time for bed and locked myself in a bedroom and went to sleep. A couple of hours later I awoke to her cousins rummaging through my belongings, I'm not sure what they were looking for. After that, I took my stuff, got in the car and started driving home. When she realized I had left, she called the police and said I was drunk driving, told them where I had left from and where I was going. The police found me a few miles before I reached the interstate and pulled me over. After I passed a field sobriety test and breathalyzer, they let me go. She has always been a stay-at-home mom, even though she is an RN, and to think she was willing to jeopardize the livelihood of her family on a DUI is crazy. I still stuck around after that, but divorce is not a tool to threaten with.

    Thanks for your responses Best of luck to all of you.

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Divorce - Service of False Papers

    Quote Quoting Roooftop
    View Post
    When she realized I had left, she called the police and said I was drunk driving, told them where I had left from and where I was going.
    OK, she's a drunk, a liar, and a lunatic. And she's a manipulative liar now.

    Time to unload her and get on with your life.

    You deserve better.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Divorce - Service of False Papers

    So how did you make an effort to reconcile while stringing her along for two years? Sorry but it is obvious you never put any effort in an honest attempt at reconciliation so in my mind it makes you no better than your wife with all of her problems. While you claim it was only two weeks in the recent post you were quite clear previously you had been working to put yourself in a better position for a divorce for two years. You are the epitome of dishonesty and fraud.

    Maybe if you had put as much effort into your marriage as you did bettering your position in preparation for a divorce maybe your marriage might Have been salvageable.

  10. #10
    Join Date
    Aug 2015
    Posts
    7

    Default Re: Divorce - Service of False Papers

    I hate to say it but, JK, you are probably right. Lots of things happen when love is on the line and not all choices made by either of us have been the right ones. I've never blamed her for all of the problems, we both had a hand in what has happened. I have not been the perfect husband and that is something that I own. Perhaps the marriage was salvageable at one point, though I think that has passed. Thank you for your directness and I wish you the best. It was never my intention to get to this point when we got married but all things cannot be calculated. Have a wonderful night and thank you for keeping me grounded.

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