Is her attorney required to give me copies of documents? How can I check the status of my divorce?

Question:

I’m told our divorce is in court and all that remains is a parenting class, however I have never received any papers form the court or her attorney. I have not consulted an attorney and have no money to do so. We agreed to joint custody, no child support and we settled our properties. I signed the papers but I have no documents of any kind as proof and as far as I know the divorce is not final.

Is her attorney required to grant me a copy of these papers? And how do I find out the status of divorce in the courts?

Answer:

First let me preface my answer by stating that, while I am licensed in the state of Kentucky, I am unable to provide you with a specific answer to your question, as I am unaware of all the facts and issues that surround your case. To get more specific answers you should contact an attorney in your jurisdiction for specific advise.

You are in a very tough position and may have signed or waived your rights to notice in the divorce. The first thing that you need to do is go the the clerk’s office in the county that your divorce was filed in and get a complete copy of your file. It is possible that action has taken place in your case, but if you signed anything that waive notice of these actions, your rights could be affected.

I always tell all my clients and all potential clients that divorce is a life changing event that should be approached very carefully, which means that all documents should be reviewed by an attorney prior to signing. Once you get a copy of your file, you should seek the advice of an attorney as to what has occurred and what can be done in your case. If your spouse has violated any agreements, or orders of the Court, you may need to take action.

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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