I received divorce papers in December 2009. The papers stated that we had been separated since Oct. 2008. The day that i received the papers i had just had surgery 3 days prior to that. I didnt know that we were separated because he was just home on Nov. 15, 2009. He works out of town so, he come home on weekends or every other wk. On these papers he had our marraige date, where we were married at, our childs birthdate, and said that we had been separated since 2008, and my maiden name WRONG!!! He even said that there were no issues regarding child support, alimony, child custody, or property at this time. He even said that i was a resident in the county that he filed in/where he works at I DONT EVEN KNOW WHERE THIS COUNTY IS AT!!! He lost his mama in July 2009. But before that he started changing. We have been married for almost 16 yrs. He has always been a christian loving man then i found out that he had started taking pills he was buying from work and drinking. Well when i started saying something to him he would get very defensive. We have 2 kids ages 14/11. But what is so strange is one minute he is texting me telling me how much he luves me then the next he is threatening 2 kill me. I am struggling to pay the bills!!! From Nov. 15 till xmas eve he made no attempt 2 c the kids. Hes only tried to c them twice since Nov. 15 & the kids r refusing 2 c him. He says that i have turned them against him which i have not they r old enough 2 c what their daddy is doing!!!I have told him that if he threatens me again i will have him arrested. The county that he filed in is 4hrs away. How can i get this stopped because we have not been separated for 1 yr. and how can i get it transfered back to the county that we reside in? I had to get a new phone # because my other phone was n his name & he didnt pay the bill he said that is was my fault. I wouldnt had a problem to pay my bill but n Nov. he put a block on the phone, and he had the bill sent to him so y would i pay for something that has a block on it & didnt get a bill? I really think that he is going through a deep depression but i cant prove it. Everytime we talk it turns into a argument. I even find out our house was 4 months behind i had to REALLY STRUGGLE AND BEG TO KEEP MY HOUSE AND HE LEFT ME WITH THIS TO DEAL WITH!!! I am only a teacher asst. I pay all my kids ins. He makes more in 1 wk than i do n a whole month. I NEED HELP!!! I do everything for our kids!!! We even went on a wks vacation n Aug. 2009. When his mama took sick in June i helped to take care of her the wk before she died i stayed at the hospital for the whole wk morning & night me & him. So how can he tell all these lies and get away with it? I know that this is a strange case but I NEED HELP!!! What if he is going through a deep depression can i do anything about it?
You need to file an answer and counterclaim which denies jurisdiction, physical separation, moves to change venue to your county, and includes a claim for Equitable Distribution, Alimony, Child Custody, Child Support and Attorney’s fees. I recommend you make an appointment with an attorney in your area as soon as possible.
So, is there anything that can be done regarding all the lies that was put in these papers. He signed his name on these lies. also, what am i supposed to do about my kids not wanting to see him. My son even told me that he would run away from home if i make him go. I am not forcing them to see him. I forced them enough to make them talk to him on the phone and i made them a promise if he continued with what he was doing i would not force them no more. He is drinking and taking pills and they dont need to b a part of that. What he has done is enough!!! I do want to say THANK YOU to this web site it has really been a big help!!!
You must deny these allegations in a responsive pleading, it will be up to the court to determine what the true facts are, and what consequences will flow from your ex lying in the document he filed with the court.
So, will i need to take evidence to prove that these lies that he is telling is incorrect. Is there anything else that i need to do? I know that it will be hard to prove about the drinking and pills because he is 4hrs away. All i have is what he was telling me. All i can say is GOD knows and he will get him for what he has done!!! I also need to know his stuff is still in the house i want him to come get it but he refuses. He told me to burn it. Can the judge make him come get it? How am i supposed to do my taxes this year because we cant even talk on the phone for five minutes without arguing? So filing together will not work!!
The first step is to take action and file a responsive pleading. Evidence is not admitted until a hearing is set. You need to speak with a lawyer regarding the specifics of your case immediately.
OK went to court today in his county. I was able to prove that we had not been separated for one yr. It was also transferred back to my county. Now the lawyer that i had representing me also filed a relief for counterclaim regarding property and debt, child support, alimony and custody but he cannot represent me because it is so far away. So, what i need to know is what is my next step and what do i need to do?
Get an attorney that practices in your county. Given the circumstances, your current attorney may be able to assist, and will most likely do what they can to make the transfer of representation amicable.
You need to contact an attorney in the county where the action is pending. He or she will be able to pick up where the other attorney left off.