Q: Self-representing for divorce after being abandoned by attorney – need help with next steps.
My attorney filed a complaint for divorce on 1/20/2016 under section 3301 (c) or (d) on my behalf where I am the plaintiff, and verification of service was filed.
On 1/23/2018 my attorney filed affidavit under section 3301 (d) which has only a checkmark beside “A the date of separation was prior to 12/5/2016…” citing 1/20/2016 as date of separation however there appears to have been a procedural error, as only a single page was filed, aside from the page bearing signatures.
In June (this month) I was forced to file an entry of appearance of self-representation, which was properly served to all parties.
After my notice of self-representation, the defendant’s attorney filed a notice to plead and a “counterclaim count two equitable distribution ” and a counter affidavit under section 3301(d), all filed with the courthouse on 6/15/2018. The counterclaim tells me that I have 20 days to file a response, however I have no idea how to respond, or what forms to file to the "counterclaim"?
A: Unfortunately, you left out some important information like what the Counter-Affidavit claims your date of separation to be but I have to assume it's not the same as what your 3301(d) Affidavit stated. Now, the Rules of Civil Procedure require the Counter-Affidavit to be filed within 20 days of service of the 3301(d) Plaintiff's Affidavit so, assuming that the other side isn't totally incompetent, I think you either may be missing something or haven't set it forth here. So, even though you don't want to, you really should at least consult with another attorney quickly, particularly in regard to the Counter-Affidvait issue. You should also see if you can see the file at the court house to determine whether your attorney ever filed an Affidavit of Service for the original 3301(d) Affidavit. If one was filed, pay for a copy of it. Lastly, based on what you've said here, you do not have to file a response to the Counterclaim within 20 days despite what the Notice to Defend states. Again though, you REALLY need to get some in person legal advice promptly because anything any of us here tell you is all based on incomplete information without an opportunity to review the file. In other words, you cannot rely on it. Oh, and one other nit so minor issue, your location shows as MD so, if this is not a PA divorce action, disregard everything I've said here except the parts about meeting quickly with an attorney.
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