# Need some legal advice on my divorce?



## ariel_angel77 (May 23, 2014)

I paid my lawyer's office $1700 two and a half weeks ago. First off, I never really spoke to the lawyer. Just met him once at the consultation. I've mainly been dealing with the paralegal. I paid her and told her what I wanted in the divorce. She explained to me how the process would go. This was two and a half weeks ago, and STBX still has not gotten served. I emailed the paralegal a week ago and asked about how things are going and have not gotten a response. I haven't bugged too much, just sent that one email and have not called. I was just wondering how this process normally goes, because I haven't heard a word since I paid and STBX hasn't been served yet.

Is this how this is supposed to be going???


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## EleGirl (Dec 3, 2011)

ariel_angel77 said:


> I paid my lawyer's office $1700 two and a half weeks ago. First off, I never really spoke to the lawyer. Just met him once at the consultation. I've mainly been dealing with the paralegal. I paid her and told her what I wanted in the divorce. She explained to me how the process would go. This was two and a half weeks ago, and STBX still has not gotten served. I emailed the paralegal a week ago and asked about how things are going and have not gotten a response. I haven't bugged too much, just sent that one email and have not called. I was just wondering how this process normally goes, because I haven't heard a word since I paid and STBX hasn't been served yet.
> 
> Is this how this is supposed to be going???


The reason that the paralegal is doing most of the work is to save you money. Your divorce is not complicated; at least no so far. So this should be ok.

Is this one lawyer who works by himself with a paralegal? If so he could be busy in the court. Lawyers are notorious for not replying in a timely manner. So are their staff. Remember that you will be billed for every MINUTE they spend on your case. So even answering an email will cost you.

That said, they need to let you know what is going on. I would send another email saying that you expect a reply even if it’s just a reply-back saying something like “it will take another week”.

If you do not get a reply back after a few days, you might need to go down to their office and ask.

I wish you could have done this divorce yourself and saved a lot of money. That’s a HUGE amount for you to have to put out. Did you check with legal aid?


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## Pluto2 (Aug 17, 2011)

So the complaint has been filed with the clerk, but not served on STBX yet, right?

Two weeks is nothing in terms of the legal weighting game. Lots of state laws (or rules of civil procedure) give 30 or 60 days to serve a complaint, not sure what Alabama uses but I bet it is at least that long. So try to remember from the attorney's point of view, two weeks is not a delay even if it feels that way to you.

Then you have to consider how it is being served, Is the sheriff taking it over? (then you have to work on their schedule) Is it a private process server? Is it being sent in the mail?


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## ariel_angel77 (May 23, 2014)

EleGirl said:


> The reason that the paralegal is doing most of the work is to save you money. Your divorce is not complicated; at least no so far. So this should be ok.
> 
> Is this one lawyer who works by himself with a paralegal? If so he could be busy in the court. Lawyers are notorious for not replying in a timely manner. So are their staff. Remember that you will be billed for every MINUTE they spend on your case. So even answering an email will cost you.
> 
> ...


Thanks for the info about the paralegal. She is actually very helpful and I do like her. I will send her that email. I wasn't sure how to go about it because I know lawyers and staff don't like it when you bug them. And it's actually two lawyers and the paralegal. I tried with legal aid but they didn't really help, I just waited until income tax time to file. I don't think I could have done the divorce myself because STBX also wants primary custody of DD.


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## ariel_angel77 (May 23, 2014)

Pluto2 said:


> So the complaint has been filed with the clerk, but not served on STBX yet, right?
> 
> Two weeks is nothing in terms of the legal weighting game. Lots of state laws (or rules of civil procedure) give 30 or 60 days to serve a complaint, not sure what Alabama uses but I bet it is at least that long. So try to remember from the attorney's point of view, two weeks is not a delay even if it feels that way to you.
> 
> Then you have to consider how it is being served, Is the sheriff taking it over? (then you have to work on their schedule) Is it a private process server? Is it being sent in the mail?


I'm pretty sure Alabama is 30 days. And a sheriff is serving my ex. So I'm guessing that means it may take a while?


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## Openminded (Feb 21, 2013)

It's true many lawyers and their staff don't like being pressed (often because they take on more than they can reasonably handle) but too bad for them. You're paying them to handle this and it's not unreasonable to ask them on a regular basis where your case stands. 

Something it can take awhile to get someone served. They need to give you a status update.


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## legaleagle (Dec 29, 2014)

If your case has been filed with the court, and now the summons and complaint are out for service, I wouldn't panic, especially if the Sheriff is doing the service. 
The Sheriff can take a lot longer than a private process server. I'm not sure about the rules in your State as using the Sheriff may be required.


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## Happilymarried25 (Mar 19, 2014)

I'm assuming your wife knows about the upcoming divorce and you have talked about how to split your assets and child support/visitation is this is any children? This will save you money as you won't have to pay your lawyer the hourly rate spending hours tring to come to an agreement with your wife.


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