Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Nov 2005
    Posts
    1

    Default Divorce

    Hello! I am very confused about something that happened a few years ago, but I didn't know of it until last year. I was married (young and dumb) in 1995, and it lasted just over one year. Becuase we had no assets, we shared his family lawyer's services, and I thought I was divorced in August of 1997 (per a court document that said this was the case, however, it wasn't signed by the judge). I remarried in 1999, and in 2004, tried to get my new husband (a Swedish national) a green card. I applied for my divorce certificate from the first marriage, and was saw that it was dated as filed in 2000, a few months after my second marriage. I called the lawyer who told me that becuase of a misfiling of the court records, the divorce wasn't entered until 2000, but she was trying to get it post-dated. My question is; can I sue the lawyer for legal malpractice? Because of this, my daughter is illegitimate, and according to a lawyer I spoke with today, who examined these documents, and saw that the lawyer forged information on it, I should find out about suing the lawyer for negligence. Any ideas? Thanks!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Legal Malpractice from Divorce Case

    Your situation is a bit complicated in terms of a malpractice suit, as it is not clear if the attorney represented you or just your husband. If the lawyer represented both of you, or wasn't very clear about the potential conflict of interest, that could create a serious ethical problem for the lawyer. Faking information on legal documents also raises significant ethical concerns. Also, malpractice laws vary by state, and you did not indicate where any of this occurred.

    You should probably consult a malpractice lawyer in your state about the problems you had with this lawyer. You should also consult a family lawyer about how you can remedy the marriage problem - some laws have corrective statutes which allow people to obtain back-dated or undated marriage certificates.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Divorce What Name Do I Legally Have to Use on My Divorce Papers
    By NCBlues in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 08-17-2011, 05:55 AM
  2. Changing an Adult's Name: Changing Your Name Based Upon a Divorce Judgment, Years After Divorce
    By 2ubesock in forum Name Change
    Replies: 4
    Last Post: 12-30-2010, 04:07 PM
  3. Property Division: After Everything in Divorce
    By flowers05 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-10-2009, 05:59 AM
  4. Divorce: Filing Divorce In Another State With a Pending California Divorce
    By lisa101 in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 11-17-2007, 12:47 PM
  5. Divorce: Divorce in REM
    By Dannee in forum Divorce, Annulment and Separation
    Replies: 9
    Last Post: 09-25-2006, 07:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources