I served my spouse with divorce papers over 60 days ago and she did not file an answer nor did she complete the parenting class. The court clerk told me that I could file a motion for pleadings but the judge denied it because my spouse did not file the parenting class certificate. Do I need to file... Read more »
She did not answer the divorce complaint. That was over 45 days ago. I have since filed a motion for pleadings and a proposed final judgement but I am unsure if the court will accept it because I did not include it in the initial packet that was served to her.
If she did not file an answer, the judge is not going to just sign a divorce decree. The judge likely will set the case for a final trial and the judge will decide the terms of the divorce after that trial. So, no, you don't have to serve her with a proposed decree.
I am going through a divorce and we have been separated for 4 years. I purchased the home 2 years ago and because she took my children recently and the car I have no choice but to sell. Does she need to at closing even if she has nothing to do with the home?
If the home is classified as "marital property," then your ex-wife will have a "fair," equitable interest in the home. Thus, your ex-wife will likely have a say in how the home is liquidated/sold. If the home is classified as "separate property," then she will have no...Read more »
Wife was awarded house as long as she could have it refinanced out of my name within 15 months of the judge's signature. After which she would have 30 days to leave the residence. 30 days is coming on and we're on 60 days now question is those certain assets like fencing and all... Is she... Read more »
Prev counsel issues. Huge mistakes. Custody battle. Dad filed emerg hearing, then not allowing Mom any visits, contempt. Moms atty never filed anything or req. f/up. Def-mom Confronted atty and atty withdrew. 4 days later hearing sched for TODAY 7/14 at 1!! Mom s/w new counsel, trying to gather $... Read more »
You cannot contact the court ahead of time. You can go to court and ask for a continuance for the reasons you stated. You should try to hire an attorney immediately so if the case is reset for a short time from now they can be fully prepared.
If a fee is nonrefundable, there isn't anything "left over" and the full fee is earned by the attorney when paid. When attorneys accept a case, they immediately start working on its, and they are precluded from representing any adverse party to the client. They are allowed to...Read more »
You may be able to sue for negligence or battery if your husband should have known or did know he had the STD, but neglected or intentionally chose not tell you, and then you contracted the STD from him. However, these types of lawsuits are complicated and you will likely have an issue with spousal...Read more »
(continued) name. My husband at the time of birth was not present and lived in another state. Did the hospital legally have to provide paperwork to me (mother) to prove that my husband was not the father and so that the child can take the biological father’s last name?
We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow... Read more »
I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a...Read more »
I am in GA and have been trying since the end of Oct 2021 to get divorced from my husband who I have a TPO against for a year. I have no more money to pay and will file Pro Se. We have no minor children and the only thing I wanted in my original request is a divorce (which I paid upfront for a... Read more »
Unequivocally tell your attorney you want to fire him/her. At that point, the attorney should file a motion to withdraw with the Court. Further, it is good practice for your attorney to draft a termination letter and for you to review and sign. However, the termination letter will not be filed with...Read more »
We would need to see this to really understand what is going on. Nothing should have been done behind your back. Were you working with an attorney for your case? It shouldn’t have been approved without you reading it over and agreeing to it.
I am not exactly sure what you mean by "divorce separately from my childs [sic] father's rights." If you are married to the child's father and seeking to divorce him, then the child's father will have to be a party to the divorce action and child custody will be handled in...Read more »
It does sound like you have a lot going on. You should consult with an attorney who can review the case in detail and provide you with guidance. If you can’t afford an attorney try contacting Legal Aid to see if you qualify for assistance.
I called dfcs for assistance and explained how I had nothing and nobody to help me after losing my car and having to quit my job no daycare choices for my hours. Mentally I became worse the more they tries to "help" to where I responded I rather die before you continue embarrassing me.... Read more »
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