Husbands attorney lost my letter of entry. Can I refile?
Several facts are missing from your statement. Unless you have signed a consent to a settlement agreement, an entry of appearance should create no obligation to go along with your husband's proposal. Hire an experienced family law attorney to learn your options and protect your interests.
What is the status of your divorce? Did you execute a settlement agreement? You say that your husband's lawyer lost your "letter of entry," were you served with a summons and a copy of the petition? When was the divorce petition filed? How do you know that: Husband's attorney lost your "letter of entry"?
If the divorce was filed in a state other than Kansas or on an Indian reservation, you will need to contact a lawyer in that jurisdiction. In Kansas, a petition for divorce usually can not be heard by the court until 60 days after the petition is filed. Before the case can be heard, the court must get jurisdiction over you. Personal jurisdiction can be obtained by service of papers upon you or by your entry of appearance. Usually after service or entry of appearance you have at least 20 days to answer the petition before the court can hear the case.
Execution of a settlement agreement may constitute entry of appearance and waiver of the right to answer. It will not be a waiver of the 60 day waiting period.
If the divorce decree has not been filed in the case, or if it was filed less than 14 days ago, you can file a motion to reconsider. The deadline for a motion to reconsider is 14 days!
After 14 days, you can file a motion under K.S.A. 60-260. The grounds for a 60-260 motion are much stricter. The deadline for a 60-260 motion is usually 1 year.
You need a lawyer!
Not sure what you mean by letter of entry. If a divorce action is on file, and you were served properly, then there should not be anything to refile. If an agreement was reached to divide property and allocate debts, then the fact that the paperwork is lost does not mean the agreement is void.
If time and effort has gone into negotiating a settlement, then I would guess that your husband will not want to spend additional time and money renegotiating. However, this can be a complicated area of the law, and you would do best to contact and attorney to discuss your options.
The above is merely a legal opinion, and the person asking the question should contact an attorney to fully develop the facts of the case to make certain any legal action you take is right for your situation. The above opinion is not meant to establish an attorney-client relationship, and no inference of such a relationship should be made in that regard. No action will be taken on your behalf to forward your case, and you should be aware that time may be of the essence regarding your case.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline