bretrx7
newbie
Reged: 12/27/09
Posts: 35
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Trying to figure out what I still need to file. I bought the 3 step kit and it looked pretty simple. filed everything with the court and was waiting. Got a letter the other day stating this. The affidavit of the plantiff does not surffice. He must present his deposition , Plus he must submit a depostition of corroborating witness. I know that was filed but what is the deposition? really want to get this done asap.
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3030
Loc: VA for 21 years, NC forever!
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You filed, right? That makes you the plaintiff.
What you need to do is have someone else act as a witness and submit a statement attesting to the fact that you've been separated XX months, have not cohabitated in XX months, there is no sexual intimacy and that your intent is to divorce.
Will your STBX file a waiver of appearance? What that does is essentially agree with any property settlement, any child support/visitation issues, etc. It's usually done in cases without property and children -- my ex and I just did one and that's how it was accomplished. It also relieves your spouse of the need to show up in court.
He did pay an attorney to file the paperwork and all I had to do was sign the waiver and it went through the courts in about.....20 days, including weekends. Not counting weekends, I was divorced in......13 days.
You have to have someone willing to submit that statement -- a deposition is only a statement of facts.
It really is that easy.
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BarbaraSD
newbie
Reged: 07/09/10
Posts: 36
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You can get yourself into trouble quick with those do-it-yourself packets. Get help, legal research and help with forms is not expensive.
An excellent resource for self-represented people is
centenniallawoffices.com/Pro%20Per.html
You can get your legal issues researched and answers provided quickly, help with forms, etc. without actually having to hire attorney to represent you. Good luck.
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bretrx7
newbie
Reged: 12/27/09
Posts: 35
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Here is the problem, I did file, I also had the affidavit of corroborating witness forms notorized. I think that the clerk that I gave that to did not put that in the folder. My wife already filed the waiver of appearance wtih the court. I really dont understand what the problem is. I am going to the court tomorrow to find out.
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BarbaraSD
newbie
Reged: 07/09/10
Posts: 36
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Good luck, you can also try asking the court clerk if there are any judicial forms (court provided forms) for what you need to get done.
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bretrx7
newbie
Reged: 12/27/09
Posts: 35
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I found someone this time that was willing to help. They gave me a sample deposition that I can type with my info. I guess the 3 step kit did not have the correct forms for my county.
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bretrx7
newbie
Reged: 12/27/09
Posts: 35
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So now I have the deposition typed and ready to sign. I can go to any notary with a witness and answer the quesions and sign it right? I get a different answer everytime I talk to someone at the clerks office.
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3030
Loc: VA for 21 years, NC forever!
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Remember that the notary is only swearing that they witnessed you SIGN the document, they don't have to know what it contains.
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