Easton, PA asked in Divorce and Family Law for Pennsylvania

Q: I received mail late from my husband’s attorney, sent regular mail causing a missed court date. What should I do next?

My soon to be ex-husband filed for divorce because I couldn’t. The children and I have been pinching pennies since separation and don’t have the funds for an attorney. His attorney sent me a notice about making an agreement for marital debts. I sent them an email on Nov.17.

I received a letter on December 5th in the mail saying that on the 28th I was stricken and they are trying to erase my rights for suing for Economic claims on Jan 10th because I didn’t show Nov 28th. I then received regular mail from his attorney on Dec. 8 (not postmarked) telling me we had court on Nov. 28 and time. It said that I had never replied to them only showing their email, not mine. The notice was written Nov.21, 4 days after they received the agreement and still filed false information on the 28th. I recorded me opening the mail even stating the date. Should I reach out to them about the notice that was sent to them Nov. 17 or should I just wait till January and show the judge? What should I do next

Related Topics:
1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Schenectady, NY
  • Licensed in Pennsylvania

A: Any attorney here would love to offer carefully tailored guidance as to what this asker must do to preserve her rights in a Pennsylvania divorce action. However, we cannot do it because of both the user agreement in place here on Justia, and ethical limitations as to offering anonymous legal advice without knowing all the facts of the case (malpractice).

What is safe to say is that Pennsylvania judges will jealously protect the dignity of their courts. If there is a scheduling order for an appearance and the asker fails to appear, then that is a "strike" against the asker. We do not know how the court will use that strike, but correction of one's image in court is now essential to surviving divorce in Pennsylvania.

This means this asker must at all costs retain counsel and move the court to have the other spouse pay counsel fees. Waiting around for something to happen will cost dearly as the other spouse's counsel is maneuvering for a win.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.