DameInDistress Posted December 29, 2012 Posted December 29, 2012 Long story short... Went into deep depression after family member became ill. Too much on platter. Put head in sand (DEEP depression). Now paying price as my attorney dropped me. Just found out and, I have a court date set Jan 7TH. I am MOVING two days prior and am overwhelmed physically and emotionally. WILL the court push the date forward, allowing me time to find counsel and get my act together? ANY chance my attorney will pick me back up after I had sent letter explaining my circumstances? I am PRAYING. I am losing it.
Balzac Posted December 29, 2012 Posted December 29, 2012 Welcome to LS. Are you in the US? Not too sure why your attorney has withdrawn representation but the court will be informed. I'd expect a delay but knowing so few facts hesitate to assure you. What is the motion before the court? It helps to have some basics here. Otherwise, vent away. This is the place to let it all out.
Author DameInDistress Posted December 29, 2012 Author Posted December 29, 2012 because I failed to correspond with her during my deep bout of depression. I dug my own hole. Mail was unknowing to me forwarded elsewhere... Calendar call????? Whatever THAT is.
Author DameInDistress Posted December 29, 2012 Author Posted December 29, 2012 Calendar call? Whatever THAT means.
Gunny376 Posted December 29, 2012 Posted December 29, 2012 Judges and most especially family / divorce court judges have pretty much seen and heard it all. Judges as a general rule hate to have to drag things out. But just go in to the court and explain in as simplest and least amount of terms as possible ask for a continuance. Keep it short and simple, and then shut up! Its very much a case of the least said the best said. 1
Author DameInDistress Posted December 29, 2012 Author Posted December 29, 2012 there any chance I can CALL and talk to the court commissioner to have this date moved ahead? I need to take care of my ill parent!
Balzac Posted December 29, 2012 Posted December 29, 2012 (edited) Calendar call means dates will be established. As you have no legal representation one if several options exist. His attorney picks court calendar dates to suit his convenience. Court and his attorney are aware of your attorney withdrawal and cancel calendar call. Is there a reason you have not engaged a lawyer? Whether you can or want to show up it's actually optional. The divorce can be adjudicated in your absence. Rarely does the court issue a bench warrant for reluctant parties in divorce actions. Edited December 29, 2012 by Balzac 1
Author DameInDistress Posted December 29, 2012 Author Posted December 29, 2012 because I just found out my attorney dropped me. See previous post. This was via mail THIS past Friday afternoon!!!! I wrote attorney back BEGGING for her to represent me yet and explained. It was MY fault but was so dang depressed. Off rx's due to no insurance to top it off. Dangling by a thread.
Balzac Posted December 29, 2012 Posted December 29, 2012 I read your post, I understood it. You do not have sufficient information in your head or on paper for anyone here to answer you. Sorry. Some of what you are saying here does not add up. If you are married, had medical insurance prior to the filing then you'd still have coverage. If your stbEx dropped coverage, the court will order him to restore it and reimburse you. If you had no money, most all pharmaceutical companies provide the drug at no or very low cost via application to their access program.
Author DameInDistress Posted December 29, 2012 Author Posted December 29, 2012 was done as of Oct 1. HE lost job so COBRA not affordable. I wish I could make myself more clear here as am just soooooo upset and need advice.
Author DameInDistress Posted December 29, 2012 Author Posted December 29, 2012 My attorney dropped me due to lack of correspondence. I went into a deeeeeeeeeeeeeeeep depression. My mail was forwarded without my knowing, to what will be my NEW address. I stupingly also did not answer any phone calls from ANYONE. I do not have time to seek out an attorney as am prepping to move...plus, further costs. Moving will be costly. So, I do NOT have to be present at this "calender" date. WILL the attorney I HAD give me all my files? Afterall, I did pay for services.By now, hopeful IRA's were broken down and will be able to be looked at by court.
UpwardForward Posted December 29, 2012 Posted December 29, 2012 (edited) Forget the rotten attorney for now. (Hopefully attny hasn't taken too much of your money!!) Plan on doing as others have said and ask court for a continuance. Yes, ask for your files from attny, if you wish. Is there a possibility you can try to settle or compromise w exspouse, in meantime? Edited December 29, 2012 by UpwardForward 1
Author DameInDistress Posted December 29, 2012 Author Posted December 29, 2012 I am to advise court system by Jan 6TH if proceeding without counsel. DOUBT when it comes down to splitting up assets, my husband will be going in without a fight. Primarily, any funds I have put into house and IRA's. I can not afford to lose out as been UI for two years. Can I declare I am going in without counsel and then gain one down the road? Yes, I am in US by the way. Do court commissioners ever have ANY heart and understanding of these matters? I AM MAJORLY DEPRESSED. Need to get this move out of way which is stressful as it IS.
Balzac Posted December 29, 2012 Posted December 29, 2012 Yes, any person can appear Pro Se as in represent yourself. Yes, you can then hire an attorney. Most cities have clinics that provide care on income sliding scale fees. Drugs can be purchased for minimal cost or free.
UpwardForward Posted December 29, 2012 Posted December 29, 2012 I am to advise court system by Jan 6TH if proceeding without counsel. DOUBT when it comes down to splitting up assets, my husband will be going in without a fight. Primarily, any funds I have put into house and IRA's. I can not afford to lose out as been UI for two years. Can I declare I am going in without counsel and then gain one down the road? Yes, I am in US by the way. Do court commissioners ever have ANY heart and understanding of these matters? I AM MAJORLY DEPRESSED. Need to get this move out of way which is stressful as it IS. It's been so long for me, I'm just attempting to think of what the system will offer you. While you were with your attorney did he give you any kind of an idea of What you are Entitled to? Attorneys will generally know how a judge will rule. So I can perhaps think of three options for you: (1) Tell the judge you are now w/o representation, and ask for a continuance. (2) Ask for a mediator. (3) Proceed on your own, asking for what you think you are legally entitled to. I think most commissioners/judges will push for the parties to settle, or seek mediation in the beginning stages. 1
Author DameInDistress Posted December 29, 2012 Author Posted December 29, 2012 to a pay out of family home... fair market value minus outstanding mortgage. IRA's were not picked apart yet. ASSUMING by now all of that data is in. Not much more assets. Not long enough of a marriage for maintenance. He's unemployed anyway...as am I.
Balzac Posted December 29, 2012 Posted December 29, 2012 Many jurisdictions compel mediation. The financial facts, absent children are often straightforward. Unless he's to pay your legal fees from his financial share of assets, a long fight is worthless to you. How long was the marriage? In general terms only assets & income from the marriage are in okay. No big sums, you're on your own.
Author DameInDistress Posted December 30, 2012 Author Posted December 30, 2012 dont understand your first statement. This is all so confusing and just down on myself yet...I am only human. Between unjustly losing a job, not being able to find a job due to either blackballing and.or age discrim., living minute to minute most days.
UpwardForward Posted December 30, 2012 Posted December 30, 2012 (edited) DID, I think Balzac is saying the judge may require mediation (if he hasn't already). And it's to your advantage to reach a settlement. Imo, this is in your favor to have the third party assist you and H, to reach an agreement (and while giving you more time - aside from this pending court date). You said you are jobless and in the midst of a move? Are you moving out of the family home? Edited December 30, 2012 by UpwardForward
Author DameInDistress Posted December 30, 2012 Author Posted December 30, 2012 Yes, moving out of the family home... No children involved. Marriage less than ten years FYI.
UpwardForward Posted December 30, 2012 Posted December 30, 2012 (edited) Yes, moving out of the family home... No children involved. Marriage less than ten years FYI. Being without a job, it may be to your advantage to stay in the house. In this economy the house may not sell soon, or may sell lower than it should. Unless H is willing to buy you out for a fair share at this time. If you gave the attorney any sizable retainer, it would be good if you could get it back. Tell him/her, you are with out income and that you need the money. Edited December 30, 2012 by UpwardForward 1
Author DameInDistress Posted December 30, 2012 Author Posted December 30, 2012 stay court ordered out. Give a NEW attorney a sizable retainer or offer more to previous???
UpwardForward Posted December 30, 2012 Posted December 30, 2012 (edited) stay court ordered out. Give a NEW attorney a sizable retainer or offer more to previous??? From having the first attorney, you probably know what you're entitled to? Shoot for that. Ask for mediation or tell the judge what you want. If problem - then get another attorney. You may want to mention to your H, it's going to cost more for a second attorney if H doesn't settle. (After it's over I would threaten 1st attorney to return all or portion of retainer, or to report him to Bar Assn.) Edited December 30, 2012 by UpwardForward
Leaf9 Posted December 30, 2012 Posted December 30, 2012 I'm certainly no expert, but what I would do is get a note for your doctor (just call the office and ask) stating that you have a serious health condition that needs to be accommodated and request more time. If a medical professional is willing to state that you need an accommodation (in the form of more time to get on medication, or something similar to that), they should grant that.
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