Help i need advice


#1

Okay I am filing for divorce next month and I have a daughter involved I was married to a registered sex offender and now we are seperated I am having him served next month with the divorce papers and he says that he is not signing them until his lawyer reads them… Can I still get my divorce whether he signs them or not?..and Can he get custody of our daughter with a sex offense on his record?..


#2

He does not need to sign the divorce papers, so long as he is properly served (certified mail or sheriff) you can proceed with the action.

With respect to custody, his status would certainly be a factor in a custody determination, and the court would ensure that parameters were put in place to protect your child during any visitation he was awarded, such as requiring that the same be in a public place and supervised.


#3

[quote=“Erin Clarey”]He does not need to sign the divorce papers, so long as he is properly served (certified mail or sheriff) you can proceed with the action.

With respect to custody, his status would certainly be a factor in a custody determination, and the court would ensure that parameters were put in place to protect your child during any visitation he was awarded, such as requiring that the same be in a public place and supervised.[/quote]

so why would he want to show his attorney the papers for and if he dont come to court can I get a divorce as well this man is nuts!!


#4

He likely wants to ensure he understands the document. He need no be present in court.


#5

ok I talked to a lawyer the other day and she says the papers that I get from the court house verification and everything like that is not all they require in the divorce process is that everything I need? and how long does it take for a divorce to be finalized…? He supposedly has a lawyer and I cant afford one so I am going to get this alone? and he supposedly has a book full of things about me and my lifestyle with all this he supposedly has can he get custody of our daughter since he is a registered sex offender?


#6

Custody is a diffent issue all together. If he files for custody, you will have to countersue, and go before a judge.
As for the divorce here is a guide:

Absolute Divorce- Step by Step

You will need to fill out the Complaint print it, and sign it. Then make 2 copies.

Sign the verification before a Notary Public and make 2 additional copies.

Next you will need to fill out a Summons (information on Plaintiff and Defendant) for the clerk to issue when you file the Complaint. You will need to print 3 copies of this form on YELLOW paper.

You will need to fill out one Domestic Civil Action Coversheet.

Take all of these documents to the clerk of civil district court in your county along with the filing fee of $167.00.

The clerk will file the Complaint, Summons, and Verification. She/he will return two file stamped copies of each to you. You will keep one of each and send the others via certified mail to the Defendant.

Once this is done you will fill out an affidavit of service, have it notarized, attach a copy of the return receipt from the post office, make two copies and take to the clerk for filing. Keep one and mail (regular mail is fine) to the Defendant, keep the other.

If your spouse does not file any response in which any allegations in the Complaint are denied, you will then complete the Motion for Summary Judgment (three copies, to the clerk, mail one to the Defendant, keep the other).

Next you will ask the clerk for a hearing date, and fill in on the notice of hearing. You will again file three copies of this, (mail one to the Defendant, and keep the other that is returned to you).

Take the Judgment for divorce to the hearing and the judge will sign and enter it as an Order of the court. You will also need to obtain a certificate of divorce from the clerk to have filled in at the hearing. Only one of these is needed as it is for Vital Records.


#7

[quote=“Erin Clarey”]Custody is a diffent issue all together. If he files for custody, you will have to countersue, and go before a judge.
As for the divorce here is a guide:

Absolute Divorce- Step by Step

You will need to fill out the Complaint print it, and sign it. Then make 2 copies.

Sign the verification before a Notary Public and make 2 additional copies.

Next you will need to fill out a Summons (information on Plaintiff and Defendant) for the clerk to issue when you file the Complaint. You will need to print 3 copies of this form on YELLOW paper.

You will need to fill out one Domestic Civil Action Coversheet.

Take all of these documents to the clerk of civil district court in your county along with the filing fee of $167.00.

The clerk will file the Complaint, Summons, and Verification. She/he will return two file stamped copies of each to you. You will keep one of each and send the others via certified mail to the Defendant.

Once this is done you will fill out an affidavit of service, have it notarized, attach a copy of the return receipt from the post office, make two copies and take to the clerk for filing. Keep one and mail (regular mail is fine) to the Defendant, keep the other.

If your spouse does not file any response in which any allegations in the Complaint are denied, you will then complete the Motion for Summary Judgment (three copies, to the clerk, mail one to the Defendant, keep the other).

Next you will ask the clerk for a hearing date, and fill in on the notice of hearing. You will again file three copies of this, (mail one to the Defendant, and keep the other that is returned to you).

Take the Judgment for divorce to the hearing and the judge will sign and enter it as an Order of the court. You will also need to obtain a certificate of divorce from the clerk to have filled in at the hearing. Only one of these is needed as it is for Vital Records.[/quote]

ok i have the complaint sheet, verification sheet, summons, domestic civil action paper, where can i get the affidavit of service. What is a motion for summary judgment how do i get that? when I file do I ask for the hearing date then or will they give me a date to come to court then?..and where do I get a judgment for divorce


#8

You will have to create an affidavit of service. It is simply a sworn statement which shows the date the Defendant was served with the attached green card from the post office.

A motion for summary judgment is a motion asking the court to enter the divorce summarily if there are no issues of fact. (If he does not file an answer that denies any of the allegations in the complaint.)

You may ask for a hearing date 30 days after the defendant has been served.

You will have to draft your own divorce judgement as well. Some counties have self serve clinics that provide examples of these documents, or you may want to subscribe to our DIY service, which also has the forms online.


#9

[quote=“Erin Clarey”]Custody is a diffent issue all together. If he files for custody, you will have to countersue, and go before a judge.
As for the divorce here is a guide:

Absolute Divorce- Step by Step

You will need to fill out the Complaint print it, and sign it. Then make 2 copies.

Sign the verification before a Notary Public and make 2 additional copies.

Next you will need to fill out a Summons (information on Plaintiff and Defendant) for the clerk to issue when you file the Complaint. You will need to print 3 copies of this form on YELLOW paper.

You will need to fill out one Domestic Civil Action Coversheet.

Take all of these documents to the clerk of civil district court in your county along with the filing fee of $167.00.

The clerk will file the Complaint, Summons, and Verification. She/he will return two file stamped copies of each to you. You will keep one of each and send the others via certified mail to the Defendant.

Once this is done you will fill out an affidavit of service, have it notarized, attach a copy of the return receipt from the post office, make two copies and take to the clerk for filing. Keep one and mail (regular mail is fine) to the Defendant, keep the other.

If your spouse does not file any response in which any allegations in the Complaint are denied, you will then complete the Motion for Summary Judgment (three copies, to the clerk, mail one to the Defendant, keep the other).

Next you will ask the clerk for a hearing date, and fill in on the notice of hearing. You will again file three copies of this, (mail one to the Defendant, and keep the other that is returned to you).

Take the Judgment for divorce to the hearing and the judge will sign and enter it as an Order of the court. You will also need to obtain a certificate of divorce from the clerk to have filled in at the hearing. Only one of these is needed as it is for Vital Records.[/quote]

okay how can i get a divorce judgement paper? I am having the sheriff serve him


#10

You have to draft one yourself.


#11

[quote=“Erin Clarey”]You will have to create an affidavit of service. It is simply a sworn statement which shows the date the Defendant was served with the attached green card from the post office.

A motion for summary judgment is a motion asking the court to enter the divorce summarily if there are no issues of fact. (If he does not file an answer that denies any of the allegations in the complaint.)

You may ask for a hearing date 30 days after the defendant has been served.

You will have to draft your own divorce judgement as well. Some counties have self serve clinics that provide examples of these documents, or you may want to subscribe to our DIY service, which also has the forms online.[/quote]

what is a affidavit of service and how do I do that because he is being served by the sheriff


#12

Kandamac,
I just did this process last week. I have a template for an Affidavit of Service if you’d like.

  • Jeff

jpaquette@me.com


#13

[quote=“Dr.Dodge”]Kandamac,
I just did this process last week. I have a template for an Affidavit of Service if you’d like.

  • Jeff

jpaquette@me.com[/quote]

Hey Jeff what is the affidavit of service for?
do I need one of these even if he is served by the sheriff


#14

It is an affidavit showing the date the defendant was served, if service was effectuated by certified mail. You need not file one if the defendant is served by sheriff.


#15

Thanks Erin for all of your advice


#16

You are welcome, I wish you all the best.