Let me say first that as of now we are both representing ourselves in court. We DO NOT have lawyers and do not plan on getting any until necessary. This is why I'm asking this question on here, so I do not need advice on obtaining a lawyer. We are both in debt big time and agreed to not obtain lawyers for financial reasons
I had my divorce papers served to my ex, they were returned back to me because, I guess, he moved to a different county. I have two questions. First do I HAVE to do anything further with his paper work, or have I done "my part" in having them served. Two, IF I do have try again, can I just send them to his parents house, since that's the only other address I know?
Our first mediation meeting is on the 2nd of Nov., so, to be honest, I want him to miss the meeting (this guy's a piece of crap (criminal records and domestic violence issues) and I'm trying to do anything I can to keep him away from my daughter and me) if it'll make the case run smoother on my part
2006-10-27 16:28:18 · 5 answers · asked by walkinbyfaith7 3 in Family & Relationships ➔ Marriage & Divorce
ps I had the papers served by a county Sheriff
2006-10-27 16:42:28 · update #1
first of all, you don't want to ask any questions such as this that can be traced back to you and used against you. Fight fair and within the law, know your rights, and keep everything above board. Do not stoop to his level and give the judge any reason to take his side.
can you consult a lawyer or legal aide? A lawyer here in Canada gives free advice over the phone for first time callers. legal aide here is a service based on what you can afford... something to look into. do you have such a thing as dial a law, or any person to talk to at the courts for someone who is representing themselves...? I will say this... try to find a lawyer, even if it's pro bono... or one waiting and lined up "just in case" you don't want to be blind sided by your ex as he shows up with his attorney and you don't have one... it does happen. my ex and I made agreements, and I took him at his word... his word soon became mud. ( don't trust your ex at his word... but don't tell him you don't trust him, just keep all possibilities and all senerious in the back of your mind.)
God Bless,
Shannon
2006-10-27 16:37:15 · answer #1 · answered by ? 3 · 0⤊ 0⤋
I'm not sure what state your in. And the divorce laws vary from state to state. But, where I live in Illinois. The papers have to be returned to the court signed by both parties in order for a court date to be set and the divorce to be finalized. If he hasn't signed the papers, then you probably should send copies of them to his parents house. I'm not sure what the exact timing is but after a certain amount of time, then the divorce will be granted by default with or without his signature. Good luck to you.
2006-10-27 23:59:09 · answer #2 · answered by Jeanne 4 · 0⤊ 0⤋
Different states have different divorce laws. In some states, you have to advertise in two newspapers, if you can not serve him in person. I some states, you have to wait for 2 years, etc.
So even if you do not want to engage a lawyer, it is a good idea for you to talk to lawyer for half an hour, pay him his $50.00, and ask him exactly what you should do.
2006-10-27 23:44:55 · answer #3 · answered by ken88dorset 2 · 0⤊ 0⤋
I do not know for sure, but I think to have them be concidered served they need to be dilivered to him, not to a third party (even if it is his parents). Most states have provisions for divorce if one spouce is not able to be found. I would say you should find a legal aid organization in your area and ask them for help (no or very low cost).
2006-10-27 23:38:55 · answer #4 · answered by Left Alone 1 · 0⤊ 0⤋
i would send them to his mothers home and forget about it i would how ever send them certified so you have proof you sent them make it so some one has to sign for them
2006-10-27 23:32:25 · answer #5 · answered by just_me_1955 5 · 0⤊ 0⤋