Divorcing a Psycho

[NotHisNow]

What is the name of your state (only U.S. law)? Nevada

After years of arguements and abuse, I am finally getting a divorce from my psychotic, controlling, poor excuse for a husband. I tried and tried to get him to agree to a divorce, but he never would. After our last fight landed us both in jail, I decided I would never return to him again. I had to swallow my pride and beg a friend to give me a place to stay, until I could figure out what to do next. To my complete surprise, the man that would never agree to a divorce, served ME with divorce papers! And he wants it ALL. He is going for custody of the kids, giving me only supervised visitation, asking for child support.. Basically the whole nine yards. I had about 20 days to answer to his complaint, but he made sure I had no money, and I really had no other resources. I missed the time frame that I was given, but I did make sure to still file an answer. Better late than never, right? So now I have found out that there is a court date scheduled for a default plea hearing. I'm not sure what that means. I don't even know if I will need to attend this hearing, or what it entails. Has anyone been through something like this before? I can't be the first. I'm so confused on what to do, and how to handle all of this.

 

[Tayla]

Since this is your first post, welcome to the forum. As such, can you please give the time frame from the time you left your residency til you were served?
He could say you abandoned the family.....
You might have to prove it was for your safety to do so...
How long was your marriage? Has your STBX been examined by a medical doctor to be diagnosed with a mental illness?

Each party can request things, doesn't mean the laws/judge will side entirely with one party.

 

[CourtClerk]

Since this is your first post, welcome to the forum. As such, can you please give the time frame from the time you left your residency til you were served?
He could say you abandoned the family.....
You might have to prove it was for your safety to do so...
How long was your marriage? Has your STBX been examined by a medical doctor to be diagnosed with a mental illness?

What does any of this have to do with her question?????

Each party can request things, doesn't mean the laws/judge will side entirely with one party.

She defaulted. It very well mean he can get what he asked for...


OP, the REAL answer is you need to high tail it to a paralegal and have them help you prepare a motion to set aside the default. You will need to provide good cause to do so, but pro se litigants SOMETIMES have a better shot at it than represented clients. Remember, I said sometimes, not all the time, not even most of the time. It will be up to the judge to decide whether or not to set it aside and how to proceed.

 

[Tayla]

Thanks Clerk for correcting matters!
I stand corrected , NOTHING IN MY POST is relevant. Disregard.

 

[BL]

What does any of this have to do with her question?????

She defaulted. It very well mean he can get what he asked for...


OP, the REAL answer is you need to high tail it to a paralegal and have them help you prepare a motion to set aside the default. You will need to provide good cause to do so, but pro se litigants SOMETIMES have a better shot at it than represented clients. Remember, I said sometimes, not all the time, not even most of the time. It will be up to the judge to decide whether or not to set it aside and how to proceed.

And normally a court would accept being too ill ( by Drs. excuse ) ,in the hosp. , or some other valid emergency ,death in the family ,etc .

You are going to have to convince the court to set the default aside .

 

[Ohiogal]

What is the name of your state (only U.S. law)? Nevada

After years of arguements and abuse, I am finally getting a divorce from my psychotic, controlling, poor excuse for a husband. I tried and tried to get him to agree to a divorce, but he never would. After our last fight landed us both in jail, I decided I would never return to him again. I had to swallow my pride and beg a friend to give me a place to stay, until I could figure out what to do next. To my complete surprise, the man that would never agree to a divorce, served ME with divorce papers! And he wants it ALL. He is going for custody of the kids, giving me only supervised visitation, asking for child support.. Basically the whole nine yards. I had about 20 days to answer to his complaint, but he made sure I had no money, and I really had no other resources. I missed the time frame that I was given, but I did make sure to still file an answer. Better late than never, right? So now I have found out that there is a court date scheduled for a default plea hearing. I'm not sure what that means. I don't even know if I will need to attend this hearing, or what it entails. Has anyone been through something like this before? I can't be the first. I'm so confused on what to do, and how to handle all of this.

So where were the children? YOu talk about you leaving but where were the children while you were both in jail and then after you both got out of jail?

 

[Ronin]

You have filed an answer to the divorce petition, even though it was late. Your best bet is to show up at the upcoming hearing with an attorney. If for whatever reason you cannot get an attorney, then show up alone if you have to and do the best you can.

Under no circumstances should you not show up for this hearing. Your situation will probably raise a lot of questions about what is in the children's best interests. If you at least show up for this hearing it is unlikely the judge will automatically give your husband everything he is asking for without a hard look at all the facts in this case.

 

[NotHisNow]

Thank you all for being so kind, and sharing your knowledge with me. I was feeling afraid of him still, and very much like I was just meant to be miserable for the rest of my life. Since we have been apart, things are not ALL better, but at least I feel somewhat better. I think I will try to find an attorney to help me, because this is complicated and I have never been through anything like this at all.
.. And to answer the question someone asked about my children.. They were staying with their grandparents, at the time that we were in jail, and until the family service people decided they could be back with us.
Oh, and for the record, Yes. He was actually diagnosed with a mental illness!

 

[Shay-Pari'e]

You missed the door of responding and that will not look good. Be at that hearing. Second, is you need to start getting your kids back, that won't look good either.

It sounds like you have just done nothing. Do you want to lose your case, and your kids? It will happen if you don't get all your ducks in a row now.