Q: What if my divorce attorney failed to ask the court for a default divorce and instead dragged out the divorce 2 years?
I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me and my attorney claimed I couldn't ask for compensation for medical bills, pain and suffering and he stole all of my property that was awarded to me and my children and my attorney claimed nothing could be done. Is there any recourse for repayment of damages and any applicable action against my attorney?
A: Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer.
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