My husbands attorney is asking for my filed appearance form and inquiring if I am going to hire a counsel or pro SE in writing . Is it OK to reply to his attorney ? I do not have a counsel yet .
It is fine to talk to him. You are required to provide your appearance and any filings to the Court and to your husband's attorney. If you are going to hire an attorney, then simply let the other attorney know that you are. He shouldn't then discuss the matter in any detail with you, except to coordinate hearing dates if per chance you don't hire an attorney. If you don't file an appearance, then you can be found to be default. This means that your husband and his attorney can go to court without giving you any further notice and obtain judgment in your husband's favor. Hiring an attorney is your best bet!
This response is being provided for information purposes only and does not constitute an attorney client relationship. Furthermore, I am only licensed to practice law in the State of Illinois. While there are oftentimes similarities between States' laws, there can also be large differences. You should not rely on this response as legal advice and are highly encouraged to speak to an attorney licensed in your State for an accurate legal answer.
Yes just do not delay! Get an attorney because you must file either your appearance or the lawyers appearance within 30 days of personal service of the divorce papers to you.
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Do not respon or file anything until you have obtained an attorney. You have no obligation to do anything, as it does not appear that you were ever served by an official process server. An attorney cannot serve you...nor can your husband. If you respond to the attorney without counsel, you are causing yourself significant damage.
The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.
Family Law Attorney
It is fine to talk to him to answer that question.
Nothing more than that. Assuming you were served properly, filing your appearance is a very important step. It essentially is the form that says "I know there is a case pending with involved and I plan to respond to it." This form can be filed by either your attorney, once you hire one or yourself if you do plan to proceed pro se. But as my other colleagues have pointed out-- do not delay in filling out this form and filing it with the courts.
Divorce / Separation Lawyer
If you have filed your appearance, your husband's lawyer is entitled to a copy. You are free to speak to the lawyer while you are unrepresented because you are acting as your own attorney. If you hire a lawyer (which you moist definitely should do,) then your husband's lawyer will be prohibited from speaking to you without the permission of your attorney,