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#602134 - 01/21/10 05:30 PM Divorce is taking YEARS! What to do?
KE2010 Offline

recently joined

Registered: 01/21/10
Posts: 1
My husband and I were married for slightly less than a year. I got pregnant immediately after we were married. If I had not, we would have had the marriage annuled. Instead, I had to wait until after our daughter was born to do anything. My daughter and I moved from AR to TX when she was 4 months old. I filed for divorce in AR because I had not met the residency requirements yet of TX, and I assumed we had nothing to really fight over, so it would be done quickly. My husband has a drug problem and has been physically abusive with me and negligent with our daughter. He was granted 1 entire week visitation every month (which for a 4 month old infant, that is a LONG time) supervised by his parents. As my daughter has gotten older, it's been easier to let her go, but she has a hard time adjusting. She misses her friends, her school, her dance lessons, her home, and her routine while she is gone. I don't know what is normal for parents in 2 different states, though. Anyway, I have pushed DAILY for a final court hearing. I hired the 3rd lawyer in AR, and shortly after the case was dismissed for inactivity! (It had been 3 years.) You can imagine my surprise, as I had not been inactive for a single day! My lawyer advised me to file in TX. I did, and he was served with papers in TX, along with a temporary restraining order, and an order to appear for hearing the following week. I thought things were going great. On the date of our hearing, he filed and GOT PASSED, an order reinstating the case, all without my knowledge! My AR lawyer fought the jurisdiction (without my consent - I don't care where it happens, I just want a final hearing!) and 4 months later, the judge decides to keep it in AR. Again, without my consent, my lawyer challenged it!

Bottom line - It has been THREE YEARS [color:red] [/color] and I still don't have a final hearing. I've asked multiple times for my attorney to do nothing except get me a final hearing, but it seems to be impossible. What do I do? How do I make the courts give me a hearing? I want to buy a house, and move on with my daughter. My life has been stuck on hold for 3 years. I know my daughter will visit her father, I'm ok with that. I just want it final so we can move on with our lives! How do I get the lawyers and judges to stop procrastinating and get it over with?

BTW - we have no property together. The only issue is whether visitation should be supervised or unsupervised. That is our only argument...

#602135 - 01/27/10 07:18 PM Re: Divorce is taking YEARS! What to do? [Re: KE2010]
Avaya Offline
Carpal \'Tunnel

Registered: 02/09/06
Posts: 9850
Loc: Arkansas
Have you been paying your AR lawyer? If you have, stop. If you haven't, send him a LETTER dismissing him as your attorney. If you've done that and he's still working on your case, have your TX attorney fire him and make sure dad's attorney is CC'd on the request.

I find it hard to believe that your husband suddenly became an addict and abusive AFTER your marriage, so he was likely that way before and you still chose to marry and procreate with him. Unless you can prove that he's a danger to his daughter, he's going to get extended visitation time with her.
Eternity is too long to be wrong.


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