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niftyfifty
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Reged: 05/08/08
Posts: 6
After 5 months, still no final divorce papers
      #399795 - 05/08/08 08:11 AM

My daughter and ex-son in law went to court in Greene County Dec. 20, 2007. His lawyer tried to drop out at last minute (her ex probably wouldn't pay his lawyer), but judge wouldn't let him leave so close to the court date. So my daughter was told about custody arrangements, name change, etc. on Dec. 20 trial. Now here it is 5 months later, NOTHING was entered on the docket sheet about what happened on Dec. 20, she has no final divorce decree or name change papers yet. (He filed for the divorce to start with then she cross-filed). Her lawyer's office keeps saying the judgement was made and they're just waiting for papers. Yet no entries were made on the docket sheet. Do the courts automatically record and send the papers or is one of the lawyers supposed to have sent in final divorce decree papers? Something's fishy. There were no problems and it doesn't take 5 months after trail for divorce papers to arrive.

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DeeCee
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Re: After 5 months, still no final divorce papers [Re: niftyfifty]
      #399833 - 05/08/08 09:07 AM

Why ...when exactly did the whole divorce proceeeding start anyway. Divorce is an ugly business and courts are flooded with cases...it could very easily take 9 months to finalize a divorce.

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niftyfifty
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Reged: 05/08/08
Posts: 6
Re: After 5 months, still no final divorce papers [Re: DeeCee]
      #399838 - 05/08/08 09:22 AM

He filed last May 2007 and pretended he didn't have an address for her hoping she wouldn't get a lawyer and he'd "win", but last minute I helped her pay a lawyer and notified the court/his lawyer what address to be served. Then, the divorce date (after the summer hearing) was Dec. 20, 2007. But nothing was entered on docket about what happened that day. A couple days before the trial his lawyer tried to get out of being her "ex's" case, but the judge denied it and said it was too late to withdraw. It was over that day, but now after 5 months, her lawyer keeps saying they're just waiting for papers. But NOTHING was entered on docket about judgement or final decree. She was also granted name change. Now, the "ex" refused to pay child support and owes ever since December 2007. She's paying 100% health insurance costs, all expenses. If his lawyer was supposed to do paperwork, but dropped out of the case...does that mean no paperwork ever gets done? She did cross-file for divorce.

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PhoenixRising
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Reged: 01/05/07
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Re: After 5 months, still no final divorce papers [Re: niftyfifty]
      #399853 - 05/08/08 09:39 AM

In my trial, the judge's "decision after trial" was made 6mths after trial. My ex's lawyer was supposed to write up the paperwork.

My attorney knew that wouldn't happen; so she wrote up the necessary paperwork and submitted it (just in case)...

6mths after that; the judgement was filed.


In my case also, nothing appeared on the docket between the time of the trial and the time the judgement was filed.

If you have legal representation; the court won't tell you much either.

If she is in a "rush" it might be cost-effective to pay her lawyer to write up the paperwork.

The judge doesn't care who writes up the packet. But until someone (anyone) submits the packet for the judge's signature; the divorce will NOT be final..

BTDT ...

--------------------
Be kind, for everyone you meet is fighting a hard battle. --Plato


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niftyfifty
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Reged: 05/08/08
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Re: After 5 months, still no final divorce papers [Re: PhoenixRising]
      #399916 - 05/08/08 10:41 AM

Thanks for your input. This is so confusing...not like years ago. The lawyer has been good about taking payments, so I guess I'll just keep helping her and see if it costs to write it up if it wasn't done already.

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kathleenjoe
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Reged: 05/04/08
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Re: After 5 months, still no final divorce papers [Re: niftyfifty]
      #400950 - 05/10/08 11:07 PM

I filed 3 years ago and there is still no end to it. If your daugther's husband filed a year ago and it's close to settling your daughter should consider hereself lucky!!!

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