Winchester, TN asked in Family Law for Tennessee

Q: “ Notice of unavailability of counsel” from spouses attorney just three days before hearing. I requested this hearing.

This divorce was filed in January of this year by her. However we agreed on it July of 2020. After she’s filed the court hearing was continued by her party. Since then nothing has been done and it’s been months. Which is why I requested a hearing. I have done everything she’s asked for and helped pay her attorney fees bc she said it will speed this along and get it done civilly ( end of February when I did so) . After us agreeing to a mutual agreement still nothing has been done. And now a notice of unavailability of counsel for her party. I am pro se bc I was made to believe we were doing this mutually. What do I do now?

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1 Lawyer Answer
Paul E. Tennison
Paul E. Tennison
  • Brentwood, TN
  • Licensed in Tennessee

A: You may consult with a local family law attorney and see if there is anything else that can be done. In general an attorney filing a notice of unavailability will result in the hearing being continued until the next available date. This sounds like your divorce has been dragged out. If there are no minor children, getting it finalized 60 days after filing is possible. If you and your spouse agreed on everything already then retaining your own attorney may not be necessary. If you are unsure about important issues in the divorce such as how to equitably divide the martial property, parenting plan, custody, and child support if there are minor children, alimony, etc. then I recommend you immediately consult with an attorney. Good luck.

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