Saturday, July 31, 2010

Legal Advice Regarding My Complicated Divorce?

I filed for a divorce in August 2006 along with a restraining order. I filled out a dissolution of marriage, paid the fee and waited for a court date. (Never got one) Meanwhile I was dealing with the restraining order which was more difficult, because after I kicked my ex out and he stole my things... I had no address for him or his family. I tried having the Sheriff's department serve him, but they couldn't without an address. So after a few months of reissuing temporary restraining orders, I found a business card of a job that he had just started at the time and my mom served him. He trashed the papers in front of her and didn't show up to court. Then honestly left everything as it was till July 2008 and looked up the status. They said my divorce was at a standstill... I was surprised since my friends said that I'd be divorced 6 months after I filed. So I got back on it again and figured out what I had to do. I never used an attorney and have been doing it on my own since 2006. But in 2008 my ex finally got an attorney and FINALLY wanted the divorce too. He was trying to claim more things, saying I had a car, computer, dvds, even kitchen appliances, the list went on. Which is all a lie, he took ALL his things and even stole my things and I let him just so he would leave. The car he is trying to claim was a GIFT, by my mom and brothers. I have proof of all that and it isn't a worry. But he's very spiteful and is going out of his way to delay the divorce and hurt me. So I went to the workshops and RE-served him the divorce papers with an address I got from his attorney. The court got a notice saying it didn't go through somehow. I don't know how he's avoiding getting that... I went to court had someone that knows about this do it WITH me and we pulled up his address and I'm still not getting a court date! But anyway, his attorney wrote something up for me last December (2008) saying if I signed it, that I wouldn't have to show up to court and that we'd be divorced. I read it through and said I'd sign it if he changed the part where my ex claims to have never been served the restraining order papers. Cuz that was the one thing I did serve him in 2006. I told his attorney that I was more than willing to remove the restraining order if he changed that and put the truth. I never got a reply from his attorney. A few days ago I get an email from his attorney saying I'll be charged my ex's attorney fees about $2000 worth along with a bifurcated judgment, saying I never returned his calls. I explained to him that I was unwilling to give my number out, due to the fact my ex will get it and maybe harass or intimidate me again. He had my email and DID NOT email me until June 18 when he informs me that I have to show up to court in July and forced to pay fees.





What can I do? I never avoided any communication, and I've been desperately trying to get the divorce finalized! I'm the petitioner for crying out loud. I feel like my ex and his attorney are trying to screw me over. He didn't make any attempts to contact me or email me and he admitted that through email, but he said that he called my mother's number several times. As far as I know that's not true.





Also, I really don't want to be near my ex husband. My restraining order still stands and I don't want to miss my court date. What can I do? Do I qualify for a court call?





I really really need help, if you know anyone that would know what to do in this situation, please send them my way.Legal Advice Regarding My Complicated Divorce?
Get your own lawyer-you're over your head. If your husband has one and is playing dirty, you need a lawyer as well. Sooner rather than later.Legal Advice Regarding My Complicated Divorce?
Try contacting Legal Aid for help. Legal aid provides free attorneys, every state has different qualifications but its worth a shot.
First of all tell his attorney to stick his fees up his a**.....The judge will not allow that....You are under no obligation to call his attorney or return his calls...Period...The attorney knows that and it is harassment. He can communicate in court..Your first mistake was serving him the papers. You must have someone over the age of 18 and who is NOT related to you....Keep the records of the car. Don't worry about the other things. Too trivial to matter. have the emails printed out to take with you. If you don't have a printer then the local library does. Gotta give you credit for doing what you have done , but you may want to contact an attorney. The only reason being his attorney is trying to scare you. A point you should tell the judge. They don't like that. He has no business calling your mother. Another harassment and as an officer of the court should know the law and stay within it. Actually with the restraining order in effect the attorney violated the order by contacting you....Go ask the prosecutor if you can file for a violation. If you can that will stop the harassment..If all else fails then contact an attorney. That is when the ex and his attorney will WAKE up and back off.......Now that you have an address the sheriff will serve the papers. If not then there are people who will for a small fee....Good luck and if you need any more advice then email.....
You can represent yourself in court but the problem comes in when his attorney starts using legal jargon in court and has legal and is trained and skilled in divorce proceedings. If it were out of court and your husband was not asking for compensation then it would be easier but since you are having to go to court and face a judge by yourself it may be slightly more difficult to prove your case without you getting emotional. Judges tend to look more favorably upon claimants if they have legal representation before them. In other words, if a case is simple do it yourself, but once it becomes complicated and money is involved, you need legal representation before the court and judge. Any more questions you can ';im' me.
You need a attorney. It also depends on what state you live in, not all states are the same. This sounds kind of weird. Are you sure that the person who is claiming to be his attorney really a attorney? If he is he is completely unprofessional. What are the stipulations on your restraining order? Is it a no contact order where your ex can't contact you directly? Depending on the state, I doubt that you will have to pay your ex's court fees. This sounds really ugly, get an attorney. You definitely need help with this.

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