isho
recently joined
Reged: 02/05/11
Posts: 4
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Hello,
My soon-to-be-ex hired an attorney. We're in CA. I was served with divorce papers on 1/29/2011. It was mailed to me, along with a return envelope and letter of acknowledgement that I received the papers, which apparently needs to be returned to them with within 20 days (I thought it should be 30 days?).
In the past week I have spoken to my STBX about mediation and she has been verbally agreeable, but I don't have anything in writing from her. She is s generally reliable/stable/honest person.
I told her that she could pick the mediator, but to please let me know as soon as possible because I was told by a lawyer (just phone advice/I have not retained a lawyer yet) that her attorney needs to file a "Notice of Mediation" and a "Stay of Obligation to File Response" to the County Court within 30 days. She told me to go ahead and contact her attorney directly to discuss this. I have called her attorney last week and left messages twice now to return my call, but she hasn't yet.
I am worried that my STBX is playing games with me, pretending to agree to mediation and then dragging it out somehow and I don't want the 30 days expiring and then me losing all my rights by not having filed a response.
Please, any help would be appreciated. What should I do?
Thanks.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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You need to seek legal help. You cannot allow the time limit to lapse.
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13.1...because I am only half crazy!
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dadofone
journeyman
Reged: 02/09/11
Posts: 55
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I agree, you need a lawyer, now!
I don't believe you have been properly served, number one. It has to be at least sent to you R3.
I would not call her attorney anymore, or take any calls from her lawyer. Unless you are in complete agreement with her and these paper's that have been sent to you. I still would advise against it.
The thirty day rule is only if you have been properly served. And I'm sure it is thirty days. It's the usual civil procedure.
Sounds like her attorney plans on being the mediator, don't do it!!
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kfjrusa
recently joined
Reged: 03/08/11
Posts: 1
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I know here in Iowa. That papers can be legally served by mail, and that the time to respond is only 20 days.
I agree with everyone else, You need to be talking to a lawyer ASAP. Good Luck.
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neokamil
recently joined
Reged: 08/02/11
Posts: 1
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I agree with everyone else that you should take a laywer. This is a serious matter and you need a professional to do this kind of job. Fail to do this might get you into hot water.
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RebeccaFein
newbie
Reged: 08/04/11
Posts: 27
Loc: Georgia, USA
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Not sure where in CA you are but I know a couple attorneys that do collaborative divorce there. One is called Mark Baer, I would suggest contacting him. If you can't find him by googling please send me a message and I will send you his information.
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You deserve to lead the fine life don't let ANYONE tell you differently!
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