I have a legal question please

Rightful jurisdiction for my divorce is S.C. Stbx served me a summons out of AR (neither of us were residents, or ever had been). Hired attorney in AR to file for motion to dismissed. The case has been dismissed so I can persue divorce in S.C.

My question is this. How can I go about getting my stbx to be ordered to pay for my legal fees associated with that case? I proved beyond shadow of doubt that neither were residents. My attorney in AR says it will cost me more money for her to persue that. She says to use my 'energy' for my S.C. case.

Can I go through Common Pleas in AR to do this on my own? It seems ridiculous that I was part of a frivolous case, spent time/money to prove my case and not get restitution for it. Thank you for any legal knowledge anyone may have.

by lifeinpurgatory 1830 Posts
Posted on 8/19/2009 10:28 PM

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Arkansas legal questions on divorce360.com

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Answers for "I have a legal question please" (5) (You must be logged in to answer)

Perhaps I can hire you to serve my wife in NC? I just hate this @#@. I am sure you will come out of this as one of America's great legal minds? Maybe get on Larry King? You win every prize for persistence and determination which is rare in most people. 2 thumbs up!

by kevinwo 734 Posts
Posted on 9/8/2009 12:52 AM

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Thanks Spaz! That'll save me time. Small claims, okay now I know where to start.

I figured I could never actually call a judge (wouldn't that be awesome, haha!!) but I thought if I could get their office # and explain my intention that they'd direct me to the correct place.

I wasn't sure if I should call Common Pleas, Small Claims, Family Court (I don't know these things, ya know?!)

Thanks again!

by lifeinpurgatory 1830 Posts
Posted on 8/21/2009 10:14 AM

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I really hope you didn't go cold calling JUDGES about this...

In any event, yeah, you can file in AR for your attorney fees in small claims court if you want. You won't be reimbursed for your traveling expenses to and from the small claims court itself for having to file it - but you can file for anything you were out from the divorce case he lied about.

by spaznskitz 7745 Posts
Posted on 8/21/2009 2:38 AM

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haha!

I did speak w/my attorney out here. SC judge can not rule an order stemmed from another state....

I'm gonna randomly google judges in AR and start cold calling tomorrow!! I am!

by lifeinpurgatory 1830 Posts
Posted on 8/19/2009 11:04 PM

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If you want someone with little authority, ask me, I have as little as anyone :).

Did you ask your attorney in SC if you can make legal fees for a frivilous lawsuit part of your case against him in SC?

by bluebird 1157 Posts
Posted on 8/19/2009 10:57 PM

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