seven
recently joined
Reged: 08/17/11
Posts: 8
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Wife moved out back in Aug, I have been awarded primary custody of our 9yr old. She now lives with another man in a different state. I have exhausted all my savings fighting for custody. My question is, how do I start the divorce process? I know in my state we have to be separated for 12 months with a child, & the state that she is in requires for her to a resident, which is 12 months, before she can do anything. So, do I have to file a legal separation first, then wait the 12 month required separation period to enter into a divorce?
Thanks for any help.
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7806
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You should have filed separation when she left. Now you must file and wait 12 months. Her state of residency should not come into play with the 12 month separation.
Question: how did you exhaust all your money fighting for custody when you have not even filed for divorce?
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seven
recently joined
Reged: 08/17/11
Posts: 8
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[quote]You should have filed separation when she left. Now you must file and wait 12 months. Her state of residency should not come into play with the 12 month separation.
Question: how did you exhaust all your money fighting for custody when you have not even filed for divorce? [/quote]
Honestly I dont know why I did'nt file the day I got her out of the house. The thing is, I had been recording her for about 3 months, found her chatting up some dude on line, put it all together & confronted her about it. I thought I might have played my hand too soon, but it worked & she walked, took our son & said she was going to stay with her sister across town. Two weeks later I found out she moved 500 miles away with the OM, so I told her I was going make the trip up to pick up our son for a weekend visit before school starts. Got him home, the next day I went & filed for emergency custody, never planned on taking him back up there. The case was heard 5 days later, & I was awarded temp primary custody, & another hearing scheduled with a GAL coming to my house to check out the situation. The GAL gave his recommendation to the judge that the child should stay at home with me, & again was awarded primary with liberal visitation for the mother. She hasnt seen him since that last court date the 12th of Dec. The lawyer I had was a high price lawyer, phone calls, paper work, two appearances cost a good bit of cash. Now I'm paying daycare, I did it for my son & we couldnt be happier. The plan was for my lawyer to start the divorce process the first week of Dec, I was just following his advice on that one. So now I'm pretty much stuck without a lawyer, at least until after Christmas. I need to get this thing started, I'll figure it all out...I guess.
Thanks
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7806
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You don't need a lawyer, don't let lack of money scare you from starting the process. Check with the local court house and ask if they have pre se assistance *that's when you represent yourself*. Sometimes they have assistance available and sometimes the paperwork comes with pretty self explanatory instructions.
Lawyers are always looking out for themselves.
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