My attorney gave me false information in order to coerce me into filing for divorce? What type of recourse do I have?

Asked over 1 year ago - Detroit, MI

I went to see a lawyer to discuss the prospect of divorce. I was unsure of whether I should file, but things were getting bad with my wife. I had moved out of our house in one county, to my parent's house in another county for 2 nights. My wife and child were still living in our family home. My lawyer told me that I would be advised to file immediately since my wife could go file in a different county that day and then I would be in trouble because he "didn't have an in" with the judges in that county. Fearing this, I filled out the paperwork and they took it to file that that day. After talking to a friend, I was told that my wife couldn't file in a different county unless living there for 10 days, which she hadn't done. Thus, my lawyer told me false information in order to get me to file

Additional information

So to clarify, my wife and child were living in county A and my lawyer wanted to file in county A. However, my wife's family lives in county B and the lawyer was saying she could go file in county B which he didn't want. She cannot file in county B unless she has lived there for 10 days which she hadn't and thus I was given false information. My lawyer was very clear that my wife and child were not living in county B.

Attorney answers (2)

  1. Christine Marie Heckler

    Contributor Level 16

    Answered . Did you live in "county B"? What your lawyer told you could be theoretically true. The divorce statute only requires one of the parties to live in the county for 10 days. Therefore, your wife might have been able to file in "county B" if you continued to live there for 10 days.

    Even if the lawyer gave you inaccurate information about jurisdiction I'm not sure what recourse you have. Are you saying you would not have filed for divorce at all, but for, the attorney's statements? You can always dismiss the complaint if you no longer want to move forward (with some possible limitations depending on the stage of the proceedings). What about your wife? Would she have filed anyway? If so, I'm not sure how you were damaged.

    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of... more
  2. Timothy A. Dinan

    Contributor Level 13

    Answered . If your concern is that your lawyer was lying to you, you'll want to discharge him and find another lawyer. You need to trust your lawyer and be able to clearly communicate with him. As to your claim of false information, I believe that would be more difficult to bear out. The lawyer would most likely have an entirely different recollection of the matter and, given that assumption, limits your recourse. Look for someone with whom you feel comfortable to represent your interests. Before doing anything, make an appointment with your current lawyer and clear the air.

    The answer to this question does not constitute legal advice nor does create a client relationship with the... more

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