Divorce done?

[This sucks]

What is the name of your state? OH

My husband and I reached an agreement on all issues and it was filed with the court this week. There has been no court date. Am I to assume we are divorced? Will we get paperwork? I thought there was going to be a court hearing.

[fairisfair]

it takes a while, you will hear from the court.

According to this 30-90 days.

Ohio Simplified Divorce Procedures
Both spouses may jointly file a petition for dissolution of marriage. The petition must: (1) be signed by both spouses and (2) have attached to it a separation agreement which provides for: [a] division of property; [b] spousal support (including, if the spouses desire, the authorization of the court to modify any spousal support terms); and [c] custody, visitation, and child support, if there are any minor children. The spouses may include a parenting plan in the agreement. Between 30 and 90 days after filing such a petition, both spouses must appear in court and state under oath that he or she: (1) voluntarily signed the agreement; (2) is satisfied with the agreement; and (3) seeks dissolution of the marriage. In addition, settlement agreements are also authorized by statute and may be used in a divorce proceeding. A sample divorce complaint form is contained in Ohio Rules of Civil Procedure, Appendix of Forms, Form #20. In addition, separation agreements are specifically authorized. Finally, there may be local court rules which apply to divorce proceedings in Ohio. [Ohio Revised Code Annotated; Sections 3105.03, 3105.10, and 3105.61-65 and Ohio Rules of Civil Procedure; Appendix of Forms].

[This sucks]

OK thank you. My husband knows all this stuff. I feel like a clueless old bat sometimes...

[Ohiogal]

Originally Posted by This sucks

What is the name of your state? OH

My husband and I reached an agreement on all issues and it was filed with the court this week. There has been no court date. Am I to assume we are divorced? Will we get paperwork? I thought there was going to be a court hearing.

There must be a court hearing. You are not divorced. do not assume anything. On the day of the dissolution hearing it may be possible to get a signed certified copy of your dissolution and at that time then you are divorced. AFTER the judge has signed it and it is filed with the court.

[This sucks]

Originally Posted by Ohiogal

There must be a court hearing. You are not divorced. do not assume anything. On the day of the dissolution hearing it may be possible to get a signed certified copy of your dissolution and at that time then you are divorced. AFTER the judge has signed it and it is filed with the court.

OK thank you. I'll wait then. I guess I just got confused with everything that has been going on.

[fairisfair]

Originally Posted by This sucks

OK thank you. My husband knows all this stuff. I feel like a clueless old bat sometimes...

Not at all, Thank goodness, this isn't something that you deal with on a daily basis.
And this is a great place to learn!!!

[This sucks]

I got a notice from the court house today for a court date in June to finalize my divorce. I spoke to my husband today and he said that he wants to postpone this court date. I asked why and he said to make sure all I's are dotted and T's are crossed. I thought we did this when we agreed on everything that was to be filed with the courts between us and our lawyers

Is there something I'm missing? Is this a common thing that people do? I'm a tad nervous. Thanks.

[LdiJ]

Originally Posted by This sucks

I got a notice from the court house today for a court date in June to finalize my divorce. I spoke to my husband today and he said that he wants to postpone this court date. I asked why and he said to make sure all I's are dotted and T's are crossed. I thought we did this when we agreed on everything that was to be filed with the courts between us and our lawyers

Is there something I'm missing? Is this a common thing that people do? I'm a tad nervous. Thanks.

He may be having some second thoughts about the agreement, or may even be subconciously reluctant to finalize the divorce, or he even may be afraid of being "free" because it forces him to deal with whatever pressure the other woman might be putting on him. You may never know for sure what his reasons are.

However, you should not agree to postpone the date. Its time to get it done and over with....and hold him to the agreements that you made.

[This sucks]

Originally Posted by LdiJ

He may be having some second thoughts about the agreement, or may even be subconciously reluctant to finalize the divorce, or he even may be afraid of being "free" because it forces him to deal with whatever pressure the other woman might be putting on him. You may never know for sure what his reasons are.

However, you should not agree to postpone the date. Its time to get it done and over with....and hold him to the agreements that you made.

Thanks. I'm not going to agree to it. My lawyer is on vacation until next week so I can't talk to him just yet about it. I was worried about him doing this for some reason. Though, he didn't give me any indication today or before. I still talk to him we are as much of friends as we can be. I don't think that the girl is putting pressure on him. He says that she gives him his visitation and they work out parenting between him, her and her husband. I know that my husband thinks (and may be) in love with her. So I can't see him wanting to postpone this to stay with me...but I see your point...it might just be a comfort thing to him after so many years.

If I don't agree how will a decision be made on whether or not we move ahead with the scheduled court date?

[Blue Meanie]

Originally Posted by This sucks

Thanks. I'm not going to agree to it. My lawyer is on vacation until next week so I can't talk to him just yet about it. I was worried about him doing this for some reason. Though, he didn't give me any indication today or before. I still talk to him we are as much of friends as we can be. I don't think that the girl is putting pressure on him. He says that she gives him his visitation and they work out parenting between him, her and her husband. I know that my husband thinks (and may be) in love with her. So I can't see him wanting to postpone this to stay with me...but I see your point...it might just be a comfort thing to him after so many years.

If I don't agree how will a decision be made on whether or not we move ahead with the scheduled court date?

How is your stbx feeling? All recovered from his attack?

[LdiJ]

Originally Posted by This sucks

Thanks. I'm not going to agree to it. My lawyer is on vacation until next week so I can't talk to him just yet about it. I was worried about him doing this for some reason. Though, he didn't give me any indication today or before. I still talk to him we are as much of friends as we can be. I don't think that the girl is putting pressure on him. He says that she gives him his visitation and they work out parenting between him, her and her husband. I know that my husband thinks (and may be) in love with her. So I can't see him wanting to postpone this to stay with me...but I see your point...it might just be a comfort thing to him after so many years.

If I don't agree how will a decision be made on whether or not we move ahead with the scheduled court date?

It depends a great deal on his attorney....and on the judge. Hopefully his attorney will discourage him from trying to delay things, but if not, a judge might give him a delay if his attorney presents goods reasons for it....or might not if your attorney presents good arguments for not doing it. Just don't allow them wiggle room to re-open the agreements.

[This sucks]

Originally Posted by baystategirl

How is your stbx feeling? All recovered from his attack?

stbx? Soon to be ex? Sorry I'm new to all that. I'll assume. Yes, apparently he's doing OK. He's following his doctors orders and is allowing (not legal) supervision with his son to make his mom feel better. She doesn't care who is there as long as they can recognize a problem and make a call. I think that's fair, and apparently he realized that too. I actually visited with the boy when I was at my sons house. Again, he is much older than I thought originally, but he is a cute boy. He kept handing me a blanket and laughing when I looked surprised. It was all TOO weird... Hopefully my husband will be OK with his condition and all will go well. Truth is this boy will lose his father far sooner than he should because of age. But it's good that they have this time. I guess.

[Ohiogal]

Originally Posted by LdiJ

It depends a great deal on his attorney....and on the judge. Hopefully his attorney will discourage him from trying to delay things, but if not, a judge might give him a delay if his attorney presents goods reasons for it....or might not if your attorney presents good arguments for not doing it. Just don't allow them wiggle room to re-open the agreements.

There are very few reasons why a continuance is granted -- the attorney cannot be there due to an already scheduled out of town or another court date or a training. And the other side needs to agree to it. Also it depends on what kind of hearing it is. Some counties will NOT continue anything more than a pretrial -- trials and final hearings are expected to go on anyway.

[Bali Hai]

Originally Posted by This sucks

OK thank you. My husband knows all this stuff. I feel like a clueless old bat sometimes...

The first step in curing your malady is acknowledging that you have it.

[osmosis]

Originally Posted by Bali Hai

The first step in curing your malady is acknowledging that you have it.

ROFL That was a good one!