divorce protocall

[Hankster]

What is the name of your state? Virginia

My wife was first to file a complaint with the court (although her atty. says they are open to mediation) - The formal "paper chase" phase begins - I'm trying to avoid unnecessary legal fees until we can reach the negotiation phase on a settlement proposal. How can I respond to the complaint, and satisfy the court i.e. proper form, content, etc? Can I file my own complaint basically using the same formats as her attorney used? Are there reference sources to help someone wanting to represent themselves, up to the point where legal help is absolutely necessary?

[Bali Hai]

Originally Posted by Hankster

What is the name of your state? Virginia

My wife was first to file a complaint with the court (although her atty. says they are open to mediation) - The formal "paper chase" phase begins - I'm trying to avoid unnecessary legal fees until we can reach the negotiation phase on a settlement proposal. How can I respond to the complaint, and satisfy the court i.e. proper form, content, etc? Can I file my own complaint basically using the same formats as her attorney used? Are there reference sources to help someone wanting to represent themselves, up to the point where legal help is absolutely necessary?

You must answer the complaint by the returnable date or you will be in default.

Suggest you use an attorney as I believe legal help is absolutely necessary at this point.

[BelizeBreeze]

Originally Posted by Hankster

What is the name of your state? Virginia

My wife was first to file a complaint with the court (although her atty. says they are open to mediation) - The formal "paper chase" phase begins - I'm trying to avoid unnecessary legal fees until we can reach the negotiation phase on a settlement proposal. How can I respond to the complaint, and satisfy the court i.e. proper form, content, etc? Can I file my own complaint basically using the same formats as her attorney used? Are there reference sources to help someone wanting to represent themselves, up to the point where legal help is absolutely necessary?

Contrary to popular opinion, not answering the complaint is NOT an automatic default judgement for divorce. If you do not file an answer you still will have a hearing and at that time you must appear or the court CAN issue a default judgement.

If you want a quick and dirty way to answer simply make a list of the statements and in the ANSWER: put "defendant denies plaintiff's charge as to this question.

[pinkdiamonddoll]

You can obtain help from the clerk of courts in doing so. All you have to do is provide written answers and send a copy to both the attorney and file a copy with the clerk of courts office. My boyfriend did this with his ex wife (after firing his useless attorney) and ended up paying far less alimony than HIS attorney had wanted to offer. Good Luck to You.

[Ohiogal]

Originally Posted by pinkdiamonddoll

You can obtain help from the clerk of courts in doing so. All you have to do is provide written answers and send a copy to both the attorney and file a copy with the clerk of courts office. My boyfriend did this with his ex wife (after firing his useless attorney) and ended up paying far less alimony than HIS attorney had wanted to offer. Good Luck to You.

Wrong! The clerk of courts is NOT ALLOWED to give legal advice and help in this way> They may tell you if your papers are complete and can be accepted but tehy can not provide legal advice.