Help

[stevenlo]

My wife has filed divorce proceedings
against me for irreconcilable differences
and I have answered a response within the
30 days. I have no children, no property and
no money in the bank. I do have my own
business (self-employed) but it has not been
profitable. I have to live with my parents
to survive. What do I do?

Note: She is requesting spousal support and
to pay for her attorney fees. No moves have
been made but I suspect her attorney is
waiting to see what I am going to do (last minute).

Should I do nothing and let time run it's course or
is her attorney planning some strategic move?!

 

[I AM ALWAYS LIABLE]

My wife has filed divorce proceedings
against me for irreconcilable differences
and I have answered a response within the
30 days. I have no children, no property and
no money in the bank. I do have my own
business (self-employed) but it has not been
profitable. I have to live with my parents
to survive. What do I do?

Note: She is requesting spousal support and
to pay for her attorney fees. No moves have
been made but I suspect her attorney is
waiting to see what I am going to do (last minute).

Should I do nothing and let time run it's course or
is her attorney planning some strategic move?!

My response:

Did you follow all of the instructions on those papers?

IAAL

 

[stevenlo]

yes

yes, I have been following all the instructions.

What do you think they will do and what are my options now?

 

[I AM ALWAYS LIABLE]

Re: yes

yes, I have been following all the instructions.

What do you think they will do and what are my options now?

My response:

I purposefully asked that question because, if you can follow those difficult instructions, why can't you follow the simple instructions of this Board ? That's what was confusing me about your post.

Right about now, you're asking, "What instructions?"

Take a look at the RED words at the top of your screen, to find out what's missing from your post. That's your next "option" if you want help from someone on these Boards.

Then, ask and say to yourself yourself, "How were the Contributors of FreeAdvice.Com supposed to help me, when necessary information was missing? Gee, I really should read instructions much more carefully if I want people to help me."

IAAL

 

[stevenlo]

your right!

apologies, I am in California and that is where my dilema is!

 

[I AM ALWAYS LIABLE]

My wife has filed divorce proceedings
against me for irreconcilable differences
and I have answered a response within the
30 days. I have no children, no property and
no money in the bank. I do have my own
business (self-employed) but it has not been
profitable. I have to live with my parents
to survive. What do I do?

Note: She is requesting spousal support and
to pay for her attorney fees. No moves have
been made but I suspect her attorney is
waiting to see what I am going to do (last minute).

Should I do nothing and let time run it's course or
is her attorney planning some strategic move?!

My response:

Great ! Now we can help you.

However, first things first before we can answer your specific questions. I have a question of my own.

First you say, "I have answered a response within the
30 days." But, then you say, "Should I do nothing and let time run it's course . . ."

Did you, or did you not, serve and file an answer to the complaint? The reason why I ask is because, if you answered and filed your answer, are you now asking whether you should engage the Discovery Process, or are you saying that you Answered the Petition, but you're holding back from serving it, and are willing to let the 30 days run out and let her take a Default ?

IAAL

 

[stevenlo]

in continuation

After she initially filed and before the 30 days was up, I filed a "Response to Dissolution of Marriage". That is all that has been filed and nothing more has been filed with either the respondent or petitioner and nothing has been said. So what I am referring to with the "time running out" is the 6 months or so period that I am in now. I feel that my hands are tied because I don't know if I need them to do something or if I need to. The whole objective through is is that I want to get on with my life.

When she initially filed and served me, her forms on the back had attorney fees and spousal support checked. So what I am concerned about is if they will bring this to a trial or now or if I should just take action and file a Request for Trial to bring this matter to a close here in California?

What is so crazy over all this, is that neither one of us are big tycoons. We both are self-employed, and with no children or property, this should have been relatively easy?

And yes, all forms have been served to her and her lawyer. I have done the process pro-per mostly.



Thank you so much!

 

[I AM ALWAYS LIABLE]

Re: in continuation

After she initially filed and before the 30 days was up, I filed a "Response to Dissolution of Marriage". That is all that has been filed and nothing more has been filed with either the respondent or petitioner and nothing has been said. So what I am referring to with the "time running out" is the 6 months or so period that I am in now. I feel that my hands are tied because I don't know if I need them to do something or if I need to. The whole objective through is is that I want to get on with my life.

When she initially filed and served me, her forms on the back had attorney fees and spousal support checked. So what I am concerned about is if they will bring this to a trial or now or if I should just take action and file a Request for Trial to bring this matter to a close here in California?

What is so crazy over all this, is that neither one of us are big tycoons. We both are self-employed, and with no children or property, this should have been relatively easy?

And yes, all forms have been served to her and her lawyer. I have done the process pro-per mostly.



Thank you so much!

My response:

Okay, since she wants something from you; i.e., money, now it's time to "lace" into her with all guns blasting.

First, you go to your courthouse and pick up a set of Form Interrogatories - Dissolution, along with a form "Proof of Service".
You can check off up to 35 interrogatory boxes to find out all of her financial information, among other things, to determine why she wants money from you for attorney's fees, etc. Then, you can make up a set of Request for Production of Documents, and attach a Proof of Service, and make up a set of Requests for Admission, and attach a proof of service.

Start defending yourself, before she goes to trial and automatically gets a judge to award her the money.

There's more to all of this, so you should really pick up a "How To" book from your local Barnes & Noble Booksellers. The book will give you all the law, and all the specifics you'll need to follow the law, and what to do - - both with outgoing documents and incoming documents from her.

Good luck.

IAAL

 

[stevenlo]

ok asking what forms #'s?

Thank you so much. Can you please tell me what form #'s those are that will tell me about her financial information (35 interrogatory boxes). What forms are the set of Request Production of Documents? Are there forms for Requests for Admission or something I create on my own?

Guns are ready to fire! Allow me to march forward

 

[lildevil719]

Looks like IALL has you pretty much covered, but there is one thing that I might be able to help with. If you do decide just to wait it out, you will recieve a letter from the court saying that you have a trial date on whatever day. Make sure you go to that, so you can state your case, otherwise your spouse will win by default. Good luck!!!

 

[I AM ALWAYS LIABLE]

Re: re:Help

Looks like IALL has you pretty much covered . . .

My response:

Ahem, it's "IAAL".

IAAL

 

[lildevil719]

wrong name

*embarrassed* Sorry, I was having a ditzy day, those occur every once in awhile. My most humble apologies...please forgive me?

 

[stevenlo]

lildevil guy You said that I should "State my case" Well, by me filing a "Response to Dissolution of Marriage" within that first 30 days, doesn't that protecte me in a way or do I need to do more right now like Request For Trial to get heard?

 

[lildevil719]

help

lildevil719 is female!!!! You filing a response in 30 days means that you will be given a trial date. I'm not sure if you will have to request it or not. my husband didn't have to, he was sent a letter in the mail saying be here on this date. I do know that if you had not filed that response, you would not even be invited to attend the hearing, cause I couldn't afford the $200 dollars to file a response, and they just sent me a notice of default, the only reason I even found out about the court date is because my husband told me. Her original paperwork and your response are basically to tell the judge what it is each of you wants, but nothing is set in stone until you actually go to court, which is where the judge will decide who gets what. good luck