Divorce and Remarriage

questions & answers

Question: My ex was served by my lawyer with a 30 order to reply or comply, he has not yet made a valid reply thru the courts. Do I receive everything that I asked for? And why would my lawyer be in contact with him and give him an extra week to see what he is going to offer? Is there malpractice suit here as well?

Answer: Default judgments are determined by the judge. Even though there is a default does not mean that the plaintiff receives everything requested, it is up to the discretion of the judge. Attorneys may make decisions or take certain actions that can be confusing. When this happens, it may be beneficial for the client to speak to the attorney for an explanation. If a lawyer’s conduct is concerning or ethically questionable, it may be brought to the attention of the State Bar of Arizona.

QUESTIONS

  • My ex was served by my lawyer with a 30 order to reply or comply, he has not yet made a valid reply thru the courts. Do I receive everything that I asked for? And why would my lawyer be in contact with him and give him an extra week to see what he is going to offer? Is there malpractice suit here as well?

STORIES

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FIND LEGAL HELP

  • Please select your county of residence below.

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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