Divorce & Annulment

questions & answers

Question: Divorce layer died before divorce became final. What is my recourse?

Answer:

There are many courses of action one can take following the death of an attorney; the following is offered as general information. Because the death of an attorney can present complicated legal issues, it may be necessary to contact the State Bar of Arizona for further help. Here is their contact information.

 A person can first contact the deceased attorney’s office and find out if there is an existing plan for when an attorney passes away. In some firms, another lawyer may take the case, or return all files to the client. If a conservatorship is not set up, the proceedings can be more complicated. Because every attorney/client agreement can be different and because there are many possibilities for what the next step will be in finding a new attorney, figuring out payments, and retrieving/transferring case files, the State Bar of Arizona may be referred to as a source for further help.

 It may be necessary to submit a motion to extend the case so that a person will have adequate time to find a new lawyer, or figure out another course of proceeding. A copy of the motion must be sent to either the defendant, or the defendant’s attorney, in addition to being filed at the Superior Court. Forms requesting a motion to extend the case can be found in the self-service sections of the Arizona Superior Courts. Forms must be filed with the Superior Court that has jurisdiction over the divorce case. Here are links to all of the Superior Courts within Arizona.