ExpertLaw.com Forums

Filing for divorce, with spouse in a different state

Printable View

  • 05-16-2005, 05:30 PM
    sassayone
    Filing for divorce, with spouse in a different state
    I have a few questions i need answered, if you could help i would appreciate it.

    My wife & children moved to Fl late in 2003, i was suppuse to follow after selling our home, i sold home in April 2004, and she wanted a divorce. I NEVER WENT to Florida. I beleive this was a plan all along.

    I am filing divorce papers myself, she has already wiped me out of any funds i have, i cant afford a lawyer.

    1. When I file, will FOC automatically stay out of it since SHE has the children and she lives in Florida? Doesnt she have to file for child support in FLorida? It was our agreement to each take one child and forgo child support in return of me taking over 75% of marital debt. Do i need to notify the court in my initial complaint that defendant lives with children in Florida?? How do i include this agreement we have RE: child support?

    2. We want to waive the 6 month period, we havent lived as man and wife since late 2003, and she actually told me early 2004, she is already living with someone else and he is taking care of her. DO I FILE the petetion to waive AT THE SAME TIME as the complaint, or do i wait till i file the motion of entry for divorce?

    3. Lastly, she is to take on loan = $12,500, i am taking the rest of the debt which equals close to $30,000. We are both named on the loan she is to take, BY WHAT MEANS can i enter a plea that she refinanace or pay off this loan ASAP as i cannot secure another home due to my debt/income ratio. Could i petetion court? would i do that with initial complaint? I know court cant make her pay, i just want it written somewhere!

    Thank you in advance. PLEASE give any advice you can.
  • 05-16-2005, 08:13 PM
    aaron
    Re: *PLEASE HELP! filing for divorce, spouse in different s
    Quote:

    Quoting sassayone
    1. When I file, will FOC automatically stay out of it since SHE has the children and she lives in Florida? Doesnt she have to file for child support in FLorida? It was our agreement to each take one child and forgo child support in return of me taking over 75% of marital debt. Do i need to notify the court in my initial complaint that defendant lives with children in Florida?? How do i include this agreement we have RE: child support?

    If you file a divorce with kids, FOC will automatically be involved. You may be able to short-cut their involvement if you convince them that the Michigan action is just for divorce, with the domicile of the children now being Florida. I am not sure, though, that you will be better off having the custody issues resolved both separately and in Florida.

    Quote:

    Quoting sassayone
    2. We want to waive the 6 month period, we havent lived as man and wife since late 2003, and she actually told me early 2004, she is already living with someone else and he is taking care of her. DO I FILE the petetion to waive AT THE SAME TIME as the complaint, or do i wait till i file the motion of entry for divorce?

    You would petition to waive the waiting period when you file, or as soon as possible after filing.

    Quote:

    Quoting sassayone
    3. Lastly, she is to take on loan = $12,500, i am taking the rest of the debt which equals close to $30,000. We are both named on the loan she is to take, BY WHAT MEANS can i enter a plea that she refinanace or pay off this loan ASAP as i cannot secure another home due to my debt/income ratio. Could i petetion court? would i do that with initial complaint? I know court cant make her pay, i just want it written somewhere!

    You would need to resolve issues of property division and debt in the judgment of divorce, either by consent or following trial.
  • 05-17-2005, 09:56 AM
    sassayone
    Thank you..
    Thanks for your quick reply.
    Can i attach a petition to waive the 6 month period to the complaint for divorce? Can i just write it into the complaint? There is no where i can find on how to even write a petition.

    I have UAW lawyer services, they are not responding to my requests for help. THeir office staff is rude, cold, and i dont even really want to deal with them.

    Does your office have a service in which you would charge an hourly rate to look over the papers i drafted with the online divorce program to ensure everything that needs to be there, is, answer just a few questions, and possibly write up the petition to waive 6 month? I would just want someone to look over property settlement and the actual judement. I have all other papers, and for the most part understand the steps i need to take. It's just a little different because defendant lives in Florida.

    Thank you so much, it's great you do this for people. And so promptly.
  • 05-17-2005, 10:24 AM
    aaron
    Re: Thank you..
    Quote:

    Quoting sassayone
    Can i attach a petition to waive the 6 month period to the complaint for divorce?

    Yes.

    Quote:

    Quoting sassayone
    Can i just write it into the complaint?

    No - nobody would notice such a demand, and thus nothing would happen.

    Quote:

    Quoting sassayone
    There is no where i can find on how to even write a petition.

    Perhaps the UAW lawyer can provide you with a sample motion, praecipe, and proof of service for your jurisdiction.

    Quote:

    Quoting sassayone
    Does your office have a service in which you would charge an hourly rate to look over the papers i drafted with the online divorce program to ensure everything that needs to be there, is, answer just a few questions, and possibly write up the petition to waive 6 month?

    I don't, but depending upon what County you are in I may be able to suggest a local attorney.
  • 05-17-2005, 10:47 AM
    sassayone
    Wayne County~
    Again, thank you so much.
    So is a petition the same as a motion? i referred to it as a petition, and you suggested getting a sample "motion" please just tell me if they are one of the same.

    IF I COULD GET the UAW lawyer to call me back!!! I would ask him! He won't respond to my messages, and his office staff is not only not helpful, but very rude.

    I am in WAYNE county~ Any referrals you could make would be appreciated.
  • 05-17-2005, 11:28 AM
    aaron
    Wayne County Lawyers
    I maintain a list of Wayne County family lawyers. The list includes a range of lawyers, from reasonably priced to very expensive, so you may need to call or contact more than one.
All times are GMT -7. The time now is 02:39 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved