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?
You really need the advice of an attorney (a lot of them will speak to you for only $50.00). If you are employed, check to see if your employer offers pre-paid legal services (they are absolutely awesome to use)....cost very little in your paycheck. The pre-paid legal is anywhere from $15.00 to $25.00 a month (a well worth it).
I found these links on the internet if your employer doesn't offer this....I can't recommend any of these services as I haven't used any of these companies...but it's worth checking into.
https://www.prepaidlegal.com/newCorp2/le鈥?/a>
This website can direct you to a Local Attorney for Free:
http://www.legalmatch.com/bd/presentCase鈥?/a>
You also might talk to a local ';paralegal'; you can use their services to reply to attorney letters etc. (they are less money than an attorney) and they are required to operate under an attorney.
I wish you the best in all that you do...it's a tough time for you and especially because of this tough economy.
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