Need more help, PLEASE!!!!

iVillage Member
Registered: 01-15-2004
Need more help, PLEASE!!!!
6
Tue, 05-17-2005 - 12:20pm




I received a notice to appear from my stbxh atty. I had filed for the divorce 6/04 with no response from him till MArch 05. I didnt know that I could file against him for not answering but now his atty has filed a motion of default against me for not answering his counterpetition. I have to go to court on 5/25, which would have been our 3rd wedding anniversary and 11 yrs together.


My ? is, what does that mean. What can happen to me if I didnt get an answer in by the court date? I am in the process of getting an atty myself, but having a hard time comimng up with the money since I have noe family support. He has had his mommy do all of this for him including paying for it. He has got the best divorce lawyer in town and I am really starting to get scared. Any advice at all would help. Thanks in advance




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iVillage Member
Registered: 03-06-2005
Tue, 05-17-2005 - 12:28pm

Im not 100% sure, but I believe it is only "forcing" you to take action. In my divorce, my ex had a habit of not showing up for court dates. He was given 5 days to respond to my "demands" or else we would just move on without him and I would win by default because he didn't respond.


I am thinking that is the same thing that you got, in essence, just telling you that you have to be there or they will move on without you?


Just my opinion though.


Good luck :)


Hugs,


Angelena

iVillage Member
Registered: 03-19-2003
Thu, 05-19-2005 - 9:30pm

Basically, if you don't respond to his papers, then.... after the state mandated wait period has elapsed, the divorce and settlement can proceed as he has it written.


In other words, when one party is served, they have a predetermined number of days to respond if they don't agree.


Karen ~ wildlucky4me ~

iVillage Member
Registered: 02-23-2005
Thu, 05-19-2005 - 10:26pm

Can you get legal aide? In my area it is called Neighborhood legal. If your income is to high for free help then they also have a sliding scale for those who make to much but not enough. Know what I mean?

K:)

iVillage Member
Registered: 01-15-2004
Fri, 05-20-2005 - 9:24am




I didnt have a lawyer till this week. I had started the process myself last Aug, his lawyer served me in March and then in MAy for the default. I have an appt on Monday morning with the lady I hired. I than go to court on the 25th. It is really taking its toll on me now as the date gets closer. I really dont know that I can handle the final outcome of finally being divorced, as much as it sickens me to know he is living with that bit^& and I am stuck alone. I just want my umstressed life and my family nad it is just never gonna happen


I still cant picture spending the rest of my life with out him, no matter what crap he has said, done or whatever to me in the past. A part of me still loves him and wants to make it work but he is so scared of mommy that he cant stand up to her. I really hate this and wish I didnt have to do this.




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iVillage Member
Registered: 04-14-2003
Fri, 05-20-2005 - 10:07am
My stbx was found in default. He was served divorce papers on Feb 8 of this year and never put his response in. He didn't show up for either court date for temp cust/support either. He finally showed up on the court date for default and was told he had until the next court date to put his response in or be found in default. Well, he never put his response in or got an attorney so default is was. But as I just found out, now that he has a lawyer, the default means nothing. The judge allowed his lawyer on to the case, so all of the expense for me having my lawyer draw up the papers and show up for court each time means nothing. Oh well, maybe it will teach him a lesson that this divorce will not just "go away" if he ignores it long enough. That is how he deals with life, just ignore the hard stuff and it will just disappear. Hmm, I wonder why we are getting divorced.....
iVillage Member
Registered: 12-29-2004
Fri, 05-20-2005 - 11:42am

I agree with cjkrol.

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