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  #1  
Old 11-02-2009, 02:16 PM
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Join Date: Nov 2009
Posts: 3
Angry

How do I reinstate my divorce?


Texas,

i filed for divorce with two kids seeking sole custody, not seeking child support. My case was dismissed saying 1- it contains errors that cannot be corrected in the document, 2-There is no proof (or statement, I still dont understand) that I am not pregnant at the filing and 3- I did not attach the withholding sheet. I dont understand if item number 1 refers to items 2 and 3 and also I need to file a motion to reinstate and dont know if to say in the motion that there were errors in the primary document and i wish to reinstate the case providing the missing items.

ThanksWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  #2  
Old 11-02-2009, 02:31 PM
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Quote:
Originally Posted by lolamorena View Post
Texas,

i filed for divorce with two kids seeking sole custody, not seeking child support. My case was dismissed saying 1- it contains errors that cannot be corrected in the document, 2-There is no proof (or statement, I still dont understand) that I am not pregnant at the filing and 3- I did not attach the withholding sheet. I dont understand if item number 1 refers to items 2 and 3 and also I need to file a motion to reinstate and dont know if to say in the motion that there were errors in the primary document and i wish to reinstate the case providing the missing items.

ThanksWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
You don't understand whether it's asking for proof that you're not pregnant or just a simple statement to that effect?

Get an attorney. This is obviously not something you want to do on your own.
  #3  
Old 11-02-2009, 03:20 PM
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Thanks,


Quote:
Originally Posted by mistoffolees View Post
You don't understand whether it's asking for proof that you're not pregnant or just a simple statement to that effect?

Get an attorney. This is obviously not something you want to do on your own.
But I cannot afford a lawyer, that's why I am posting here, I really appreciate the replies, but "find an attorney" is not the guidance I am looking for.

Lola
  #4  
Old 11-02-2009, 03:26 PM
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Location: Ohio
Posts: 31,825
Quote:
Originally Posted by lolamorena View Post
But I cannot afford a lawyer, that's why I am posting here, I really appreciate the replies, but "find an attorney" is not the guidance I am looking for.

Lola
Start by reading the local rules, the rules of civil procedure and the rules of evidence. You will have to refile your divorce. But if you cannot file a proper complaint you are going to have issues. You might try legal aid.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #5  
Old 11-02-2009, 03:27 PM
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Hi,

The solution to the first problem is simple that you must edit your document.

The second point is not clear that why should they are asking about your pregnancy?

Thanks.
  #6  
Old 11-02-2009, 03:38 PM
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Quote:
Originally Posted by lolamorena View Post
But I cannot afford a lawyer, that's why I am posting here, I really appreciate the replies, but "find an attorney" is not the guidance I am looking for.

Lola
There are 3 options:

1. Hire an attorney.

2. Don't hire an attorney - and mess it up.

3. Spend a great deal of time learning the specific rules of evidence, court procedures, divorce law, etc, etc, etc and then file it yourself. If you really want to go their route, plan to spend an enormous amount of time reading and learning.

While court documents are sometimes confusing, I doubt that the statement about pregnancy is all that unclear. They either want a statement that you're not pregnant or proof that you're not pregnant according to your first post. If you can't figure out which one they're asking for, I would strongly encourage you to get a second job to pay for an attorney or see if you can get pro bono help.
  #7  
Old 11-02-2009, 05:33 PM
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Join Date: Nov 2009
Posts: 3

Right....


Pro bono, legal aid, so happens I am in the hole between making "too much money" for legal aid but "too little" for an attorney. I am willing to learn, I am willing to read, and that's why I am trying to reach out to "professionals" out here, I just cant find them...
I just need guidance, from someone who knows what these terms mean, and once I understand I can look for the documents and draft them. I am not stupid, if I pointed out I do not know what they mean by either proof or a statement of me not being pregnant is because is not clear, they just give out a sheet telling very vaguely what the issues with your document are.
Thanks very much for everyone's input. I just wish someone could have come up with something else.
  #8  
Old 11-02-2009, 07:40 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,825
Quote:
Originally Posted by lolamorena View Post
Pro bono, legal aid, so happens I am in the hole between making "too much money" for legal aid but "too little" for an attorney. I am willing to learn, I am willing to read, and that's why I am trying to reach out to "professionals" out here, I just cant find them...
I just need guidance, from someone who knows what these terms mean, and once I understand I can look for the documents and draft them. I am not stupid, if I pointed out I do not know what they mean by either proof or a statement of me not being pregnant is because is not clear, they just give out a sheet telling very vaguely what the issues with your document are.
Thanks very much for everyone's input. I just wish someone could have come up with something else.
Read what I told you to read.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #9  
Old 11-02-2009, 07:42 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,825
Quote:
Originally Posted by vijendrasnv View Post
Hi,

The solution to the first problem is simple that you must edit your document.

The second point is not clear that why should they are asking about your pregnancy?

Thanks.
Don't answer any questions since you have no clue. Pregnant women are NOT granted divorces as a common rule.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #10  
Old 11-02-2009, 08:10 PM
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Join Date: Mar 2009
Location: Weigh a pie...
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Quote:
Originally Posted by vijendrasnv View Post
Hi,

The solution to the first problem is simple that you must edit your document.

The second point is not clear that why should they are asking about your pregnancy?

Thanks.
I know you're trying to help but are you sure that you understand US laws?
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