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  1. #1
    Join Date
    Jul 2005
    Location
    Wyoming
    Posts
    1

    Default In Desperate Need of Help About my Divorce(UnContested)

    I thought we were doing a No Uncontested divorce until I went to a lawyer today... I was served on March 25, 2005. It Defaulted on April 27, 2005 but no decree has yet to be filed. Lawyer told me that we need to go to the court house and put off this fault judgment and he needed 2,000 dollars up front. She has no lawyer and did all the paperwork herself. Is this the right procedure for a UnContested Divorce? The lawyer says she can take everything away from me once she fills out the decree and files it... The kids have been with me since the day I Kicked her out for cheating? One last question that is very important for me is I notice reading the Verified Complaint for Divorce is on the back page it says "My Commission Expires 12-5-05... Does that mean if she does nothing about the decree the whole case will expire on 12-5-05 and I can file on her after that day?
    All these lawyers around here want alot of money up front... But I only make $10.00 an hour supporting both of my kids... My kids are 2 and 4 and after I pay babysitting, rent, util's I really don't have alot of money extra... So what does a person do in my case...? I know if she gets the kids something will happen to them...What can I do about this?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: In Desperate Need of Help About my Divorce(UnContested)

    Quote Quoting RoyKerr
    I thought we were doing a No Uncontested divorce until I went to a lawyer today... I was served on March 25, 2005. It Defaulted on April 27, 2005 but no decree has yet to be filed. Lawyer told me that we need to go to the court house and put off this fault judgment and he needed 2,000 dollars up front. She has no lawyer and did all the paperwork herself. Is this the right procedure for a UnContested Divorce?
    She filed a complaint for divorce. You defaulted. If you want to set aside the default and answer her complaint then, yes, you need to file a motion to set aside the default.

    Quote Quoting RoyKerr
    The lawyer says she can take everything away from me once she fills out the decree and files it... The kids have been with me since the day I Kicked her out for cheating?
    I'm not sure what the lawyer means. The judge should still look at the equities of the case when dividing property and awarding custody. Being in default, though, you may have difficulty advancing your position.

    Quote Quoting RoyKerr
    One last question that is very important for me is I notice reading the Verified Complaint for Divorce is on the back page it says "My Commission Expires 12-5-05... Does that mean if she does nothing about the decree the whole case will expire on 12-5-05 and I can file on her after that day?
    No. That's a reference to the notary's commission.

    Quote Quoting RoyKerr
    All these lawyers around here want alot of money up front... But I only make $10.00 an hour supporting both of my kids... My kids are 2 and 4 and after I pay babysitting, rent, util's I really don't have alot of money extra... So what does a person do in my case...? I know if she gets the kids something will happen to them...What can I do about this?
    Bite the bullet and hire a lawyer? Get a "how to" book, and try to represent yourself?

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