I filed a petition for divorce pro se (without a lawyer), it is UNcontested. But I accidently filed a document that turned the divorce into a contested one. Now my documents are stuck in limbo and nobody will tell me how to dismiss the paperwork. I accidently signed the Rule NISI document. My wife and I have no children, nor any assets to divide. Could someone please help me out? What do I need to do to dismiss the old documents so that I can refile with the new?
125831
Contact the Clerk of Courts, explain that you filed the wrong papers and ask them how to correct it.  Good Luck!
415778
Go back to Court immediately and file papers (if you don't have an attorney, either call Legal Aid or ask the Clerk of the Court -who cannot give you legal advice, but CAN guide you to the correct forms to file) to bring the violation(s) of the Court Order to the attention of the judge for a ruling. Violations of a Court Order are Contempt of Court, and I have yet to meet a judge who takes these lightly (and I have met a couple, through similar situations caused by my ex). The Court does not feel warm & fuzzy about individuals who thumb their nose at the Court's authority. Until you take steps to get these matters brought back before a judge, your ex will continue to act without impunity. In the meantime, while you are waiting for a court date, take steps to protect your share of the community property, by making everyone (like banks, credit agencies, mortgage companies, etc.) aware of the Court's original ruling, in an effort to reduce your ex's chances of disposing of the property without your knowledge or permission. Good luck with this. Vindictive and unethical ex's can be very creative and resourceful. My ex even disposed of NON community property, when he got a hold of our daughter's house key, let himself in while I was out of town, stole my grandmother's hope chest and the hand-made quilts she had made which were in it, and sold them to a no-questions-asked dealer. I was unable to prove anything (it was all supposition and circumstantial, without witnesses) - and lost everything. DO NOT remain passive about this. You must act to protect your interests NOW.\n\nIf the vehicle is long-gone, the Court will likely not only find your ex to be in Contempt (and subject to fines and/or jail time), but will likely also order your ex to pay you at least half of what he sold it for - which he must prove. You should try and track down the paperwork pertaining to the sale, as best you can, to bring with you into Court. You should also consider getting a subpeona served on the person he sold the vehicle to, to force them to come into Court and testify as to the circumstances surrounding the sale. This person will likely be viewed as a hostile witness, but they WILL have to testify - unless THEY also want to face contempt charges. \n\nTaking these actions will send a clear message to your ex that he has rattled the wrong cage. Be diligent and persistent. You are not doing these things to "get back at" your ex. You are doing thse things to protect your interests.
637967
Why, so you can stay married to someone that wants a divorce?  Strange, strange, strange world we live in.  You should file and set the hearings and if she doesn't show up, you get everything.
331603
Get the divorce! Yes! All the cases that i have heard of have the free person getting the divorce.It is not free as far as i know. You can go on line or to the local law library and find out about the paperwork. Do you know any lawyers or paralegals? They can help also. Paralegals first if it is a simple divorce,they are cheaper.Good luck!!
100384
first you need to find out if it is legal to run an add in a paper letting the person know youre divorcing him. cuz in some states you can get in touch with someone and they will run an add in the paper and your spouse will have a certain amount of time to answer,if he does not answer, your granted the divorce, so ask the court house or talk to a lawyer. good luck
393474
Unfortunately, if it wasn't written in the divorce decree, I don't think you'll be able to get anything from it. Remember, he is your ex, which means you have no ties to his pension. I know about this because of my divorce. Everything, including my pension, that was of value was put into my divorce documents. It also stated that from this point forward, everything was separate. Sorry to be the bearer of bad news.
563935
The old saying 'get it in writing' will probably apply here.  Otherwise, a judge will just view it as hearsay.\n\nSo, if it wasn't in writing, you will have a hard time proving a case about the refusal part, which will open the door to collect the past support.
356307
You can refile the Petition for Dissolution of Marriage and then file, a "Notice of Action", which here in Florida is published in the Business Review for four (4) consecutive weeks. After the four week time period, you are able to request a hearing to show the Court that the publication was done and that the adversarial party failed to answer.\nThey Judge may or may not grant the Final Judgment of Dissolution of Marriage, at that time. \n\nIn any event, check with your jurisdiction as to filing for divorce, these may be available online or may have to contact the Clerk of Court or any attorney.\n\nGood Luck!
435906
What do the orders say? There would normally be a hearing scheduled. If not, you should schedule one and explain what happened. The basis for the temporary custody is gone.\n\nBut you should never let such an order go unanswered as it could come back to harm you later on. Having the temporary custody order dissolved will help you later if you need to argue that a future claim for custody is frivolous and harassing.
63526
Your lawyer knows how, they hire someone to attempt to contact him at his last know location, they run an ad in the local paper asking if anyone knows his where abouts, and etc.. In Louisiana after the third attempt, the person that was hired to find him appears in court, and after the judge hears the testimony, he grants the divorce without your husband and his signature. It can be filed on 'abandonment'.
274267
Sure--afterall, divorce documents are legal records.  I would give a call to the local Family Court and ask the clerk for the name & number of the person to contact.  Good luck to you!
248494
You can appeal the decision by raising a defense of ineffecive assistance of counsel to remand back the proceeding.  However, for you to prevail, assuming you are not representing yourself on the appeal, you need to convince an attorney that (1) the defense of not objecting the evidence presented was totally defective, AND (2) had your counsel proved the evidence wrong, you would have won the case (meaning you would have gotten your children's custody back and/or you did not lose your parental right).  \n\nSo, it is tough for anyone to prove the two points, because it is not enough that the counsel's assistance was utterly incompetent, but you would have to show the appeal court that the motion your attorney could have made would have won the case.  \n\nSadly, there appears to be serious problems on your side that led to the loss of the parental right ...  If willing tell us what led to this suit ...
577783
What is their Motion to Dismiss based on?  Did you fail to state a proper claim, get proper service, file after the statute, wrong court, wrong defendent...?  A Motion to Dismiss is usually filed claiming that the Plaintiff failed to state a claim.  You need to find case law that supports that you did whatever properly...\n\nYou really should seek counsel in Dade County~they will eat you alive.
145615
find a very good lawyer out of yur area 1st. then keep documents of all things date and times you can go to federal court if you feel your rights were violated
258320
If I knew the jurisidiction of your hearing, I could give you a better response.  What is the state in which the motion was filed and in what state does your ex-wife reside?\n\nWas the letter a cover letter to go with a "verified Petition to Modify Support?"  If so, it was the Petition that was allowed.  The letter is typically removed by the Clerk of the Court.  Letters directly to a judge, without notice and a copy to the other side, is ex parte communication and is not allowed.\n\nYou cannot "cite" her for contempt, however, you can file a Motion for Rule to Show Cause" why she should not be held in contempt for failing to serve documents.
610480
There isn't a specific document, per se.  Look at your parenting plan - there should be a line or two in there about what to do if a parent moves.  For example, in Montana, if a parent's move is going to significantly alter contact with the minor child, then the moving parent must send the other parent 30 days advance notice, in writing, and give them their new contact information and proposed changes to the parenting plan if the move will affect visitation.  The non-moving parent then has 30 days to respond, which must also be in writing.\n\nI highly advise you send this notice as soon as possible, and make sure you either have it served to them, or send it by certified mail, so you have proof of when they received it.  If they do not respond in 30 days, you can simply file the changes, along with the proof of receipt, with the court that finalized your divorce.\n\nP.S.  You are under no obligation to tell your ex-spouse that they only have a certain amount of time to respond.  It is their responsibility to know how the law works.  I know this sounds a little underhanded - but I was in the exact same position you were, did all this, and by the time he objected, it was too late.  God knows it saved me a ton of money in legal fees.  Good luck!
350184
I don't know what kind of case you are appealing, but representing yourself pro-se is a bad idea.\n \n     If you represented yourself pro-se at the US District Court level, then you already have a taste for how complicated federal litigation can be.  In a civil case, there are discovery requirements and in many districts, mandatory mediation.  In criminal cases, obtaining the discovery can be much more challenging than it often is in state courts.\n\n     Appellate procedure is even more complicated.  The rules relating to the submission of the record below, (known as the transcript) and the briefing requirements are strictly enforced.  In other words, you may have perfectly valid reason to appeal, but unless its properly before the appellate court, they won't consider it, and the opposing party will successfully have it stricken.  I sincerely doubt you will find anything online that will give you sufficient knowledge to write one of these projects yourself.\n\n     If you can't afford an attorney, then you need to contact your local legal aid organization and see if there are resources available for you.  If it is a criminal appeal, then there may be resources for an appellate defender to assist you.  \n\n     Either way, I urge  you not to do this without the assistance of competent counsel.  I should note:  pro-se litigants are treated the same as an attorney, as far as the knowledge they are expected to have of rules and procedures.  For more information, contact your local or state bar association.