Here’s my oversimplified background: We separated in late summer of 08 and I am without a lawyer now (I am broke and had to let her go) but he does. He refuses to file so now I am considering the DIY kit provided by the court downtown. We have never filed a Separation Agreement (we’ve been amicable) so now I am wondering where in the world will the specifics be hammered out when I file for I don’t see anything like that on your DIY pages and downloadable forms. There is no property/money/debt to split but we do have two kids and I am supposedly getting the car but where do we get the custody/car/etc. in writing? Is there a form I’m not seeing or do we need to do the Sep Agreement now?
I’m hesitant to do all of this without representation as it is. Thanks for your help…it is greatly appreciated.
You must have a Separation Agreement regarding the car, or if you own the car outright, can go ahead and have your ex sign over the title now.
Divorce has no effect on custody, and an agreement or order can be entered at anytime regardless of divorce.
One more question…how long does it usually take from filing date to hearing date? I’ve heard 30 days to 45 days. Thanks again!
I would say from 30 to 90 days.
Sorry to bother you yet again with another question but I am finishing up the DIY kit this morning and was curious about what is expected of me on “judgement” day in court (sounds so ominous!). It says on the sheet for JUDGEMENT FOR ABSOLUTE DIVORCE something about “after hearing evidence from the Plaintiff” and I’m wondering just what I’ll be expected to say and do? Evidence?
Thank you again Erin. =)
You will be called to the stand and the judge will ask you a few questions such as your name, address, the name of your spouse, date of marriage, and date of separation. Basically you will testify to the allegations of your complaint. It’s a very short hearing, and once you have testified, absent any contrary evidence (your spouse showing up and denying the facts you allege) the divorce will be granted.
So basically all I have to say is that I was miserable and unhappily married and then that’s it? I certainly don’t want a he said/she said nightmare drama. Thanks Erin. You’re taking stress away and I am grateful.
You won’t even have to say that, just that you have been separated for a year and have no intention of resuming your martial relationship. 
Right ON! You rock, Erin.
Breathing easier…
Glad to hear it, you will do just fine.