Oklahoma City, OK asked in Divorce, Civil Rights and Gov & Administrative Law for Missouri

Q: How can I address issues from my November divorce trial without representation and lack of trial notification in Missouri?

I went through a divorce trial in November without legal representation because I couldn't afford the lawyer I initially secured. Although I requested additional time to hire a lawyer, my requests were denied. Additionally, the date and time of my divorce trial were changed without any official notification, and I was led to believe I was attending a court appearance related to elder abuse. How should I proceed with addressing the issues stemming from not having legal representation and the lack of notification about the trial changes?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation with the divorce trial in Missouri raises serious procedural concerns that might warrant legal review. You may have grounds to file a motion to set aside the judgment based on lack of proper notice and potentially inadequate opportunity to secure representation. In Missouri, you typically have up to one year to file this type of motion after a judgment, though specific deadlines may vary based on your circumstances.

You should consider contacting Missouri Legal Services or the Missouri Bar Association's lawyer referral service to find affordable or pro bono legal help. Many attorneys offer free initial consultations where you can explain your situation and get preliminary guidance. Court clerks might also provide information about self-help resources and forms, though they cannot give legal advice.

Document everything related to your case—particularly how you were notified about the trial change and any communications showing you believed you were attending an elder abuse hearing. If you decide to proceed without an attorney, familiarize yourself with Missouri's Civil Procedure Rules, particularly those regarding post-judgment relief and appeals. Remember that addressing this promptly improves your chances of having the court reconsider your case.

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