need help with paragraph in divorce papers

[confused64]

What is the name of your state? New Jersey

My husband lives in Florida, I live in N.J.. I was sent divorce papers in the mail. It is a simple divorce, no assets, property, nothing. We do have 2 children.. one 15 other 20. I have a child support order against him in NJ where I reside. He is not interested in pursuing visitation. Now, my question is..before I sign this simple divorce paper I am confused how this one paragraph reads, it goes like this:

Respondent {me}answers the Petition for Dissolution of Marriage filed in this action and admits all the allegations. By admitting all of the allegations in the petition, respondent agrees to all relief requested in the petition including any requests regarding child custody and visitation, child support, alimony, distribution of marital assets and liabilities and temporary relief.

Can you explain what that means?

 

[SHORTY LONG]

What is the name of your state? New Jersey

My husband lives in Florida, I live in N.J.. I was sent divorce papers in the mail. It is a simple divorce, no assets, property, nothing. We do have 2 children.. one 15 other 20. I have a child support order against him in NJ where I reside. He is not interested in pursuing visitation. Now, my question is..before I sign this simple divorce paper I am confused how this one paragraph reads, it goes like this:

Respondent {me}answers the Petition for Dissolution of Marriage filed in this action and admits all the allegations. By admitting all of the allegations in the petition, respondent agrees to all relief requested in the petition including any requests regarding child custody and visitation, child support, alimony, distribution of marital assets and liabilities and temporary relief.

Can you explain what that means?

Did you receive this by way of Registered mail? Is there a case number on it; usually located somewhere at top of page
right or left side. Is there an Attorney involved? Spell out exactly what the allegations are: relief, child support, alimony, etc.

 

[LdiJ]

What is the name of your state? New Jersey

My husband lives in Florida, I live in N.J.. I was sent divorce papers in the mail. It is a simple divorce, no assets, property, nothing. We do have 2 children.. one 15 other 20. I have a child support order against him in NJ where I reside. He is not interested in pursuing visitation. Now, my question is..before I sign this simple divorce paper I am confused how this one paragraph reads, it goes like this:

Respondent {me}answers the Petition for Dissolution of Marriage filed in this action and admits all the allegations. By admitting all of the allegations in the petition, respondent agrees to all relief requested in the petition including any requests regarding child custody and visitation, child support, alimony, distribution of marital assets and liabilities and temporary relief.

Can you explain what that means?

It means that you are specifically admitting that everything that he laid out in the divorce petition is true. That you agree with everything that he has asked for or specified, and that includes child custody, visitation, child support, alimony and distribution of marital assets and debts.

So, get out your copy of the divorce petition and read it very carefully and thoroughly. If anything confuses you or there is anything that you do not agree about...then take everything to an attorney and get a consult.

Its quite possible that this divorce petition could cancel out your existing child support order. Therefore its VERY important that you read through everything very thoroughly.

In fact, you might even want to go down to the courthouse and check the file, to make sure that what you have matches what has been submitted to the court.

 

[tpa05]

Yup, ditto the above. First make sure that your petition matches his as you may well be signing something that doesn't match the court's. As for what you are indeed signing, your basically agreeing to everything that was written in the petition.

 

[confused64]

Did you receive this by way of Registered mail? Is there a case number on it; usually located somewhere at top of page
right or left side. Is there an Attorney involved? Spell out exactly what the allegations are: relief, child support, alimony, etc.

Yes I recieved it by registered mail. There is no case number because it is not filed yet. As for an attorney..i think its 1 of those quick divorce places because it says the persons name and then it has mediator after it...The allegations, I am assuming it means from the first page where it says there are no assets and the marriage can not be saved, I do have an child suppot order and it is in effect in NJ and the divorce paper states that and says this divorce has no bearing on that..any issues that my soon to be ex has..he has to take up in NJ..as far as relief..that is my question..i dont understand what it means..the paragraph seems to me, that it says I am giving up all rights to that. I really dont understand thats why I asked

 

[confused64]

It means that you are specifically admitting that everything that he laid out in the divorce petition is true. That you agree with everything that he has asked for or specified, and that includes child custody, visitation, child support, alimony and distribution of marital assets and debts.

So, get out your copy of the divorce petition and read it very carefully and thoroughly. If anything confuses you or there is anything that you do not agree about...then take everything to an attorney and get a consult.

Its quite possible that this divorce petition could cancel out your existing child support order. Therefore its VERY important that you read through everything very thoroughly.

In fact, you might even want to go down to the courthouse and check the file, to make sure that what you have matches what has been submitted to the court.

It has no case number on it..when I asked that question to someone that I no..they told me because it was not filed yet..so what would I do then..as far as goin to court house he filed in Florida..I live in NJ..my concern is really what it means as far as my children are concern..as in he gets whatever he wants...visitation..custody..so on

 

[confused64]

The reason I am asking on here is...I went for a free consultation..as I really dont have money, and when I went there the lawyer told me she couldnt help me because I had to find a lawyer that was familiar with Florida law and Jersey law and she wasnt familiar with that. I have tried all over where I lived and couldnt find one close by to me. I appreciate all the help I can get before I sign these papers. I just dont want to mess up anything with my children. They havent seen or spoke to him in 8 years because he didnt care, so I dont want to do anything stupid as far as my daughter is concerned.

 

[LdiJ]

How long is the petition? Can you type it word for word here?

 

[Ohiogal]

And how do you know that he is not going to change the petition before he files?

 

[confused64]

How long is the petition? Can you type it word for word here?

ok here it goes: hope this helps


Petitioner/husband,xxxxxx, files this petition for dissolution of Marriage against Respondent/wife,xxxx, and in support thereof states as follows:

1. This is an action for dissolution of marriage between both parties.
2. The husband has been a continunous resident of the state of Florida for more than six months before filing the petition.
3. The parties were married on xxxxxx in the town of xxxxxx, New Jersey and separated in xxxxxxx.
4. The marriage between the parties is irretrievably broken.
5. There are no martial assets or debts to be divided.
6. There were two children born of this marriage, to wit: xxxxx born xxxx, and xxxxxx born xxxxx. No further children are contemplated.
7. The wife and the children have never lived in Florida. they reside in New Jersey.
8. The husband pays child support for the above named children pursuant to an order entered on xxxxxx in New Jersey in accordance with the laws of that state. The amount of support is xxxxx per week and the case number is xxxxxx. Any issues of support, custody and/or visitation shall be addressed in xxxxxx, New Jersey.
9. Both parties are over the age of 18 and neither is nor has been within a thirty day period immediately preceding this date, a person of the military service of the US . Furthermore, respondent is not mentally incapacitated.
Wherefore, Husband, respectfully requests this court take jurisdiction over his person and enter a judgement dissolving the bonds of marriage accordingly.


ok thats its, now my question is this papragraph{ i"ll put it again} i dont understand what it means...please help me out:

Respondent answers the Petition for Dissolution of marriage{which i agree with everything i just wrote above} filed in this action and admits all the allegations. By admitting all the allegations in the petiton, respondent agrees to all relief requested in the petition including any requests regarding child custody and visitation, child support, alimony, distribution of marital assets and liabilities, and temporary relief. Respondent waives notice of hearing as well as all future notices in connection with the petition for dissolution of marriage as filed.

Please help

 

[Ohiogal]

Do get to sign the petition for divorce?

 

[LdiJ]

Do get to sign the petition for divorce?

She means is your signature required on the petition for divorce, as well as the document including the paragraph that confuses you?

As long as there is no possibility of the petition being changed prior to filing (ie if it also requires your signature), then as long as you agree to everything, (and it clearly states that NJ has jurisdiction of child custody/visitation and support matters, which is good) then it would probably be safe to sign it.

 

[Ohiogal]

She means is your signature required on the petition for divorce, as well as the document including the paragraph that confuses you?

As long as there is no possibility of the petition being changed prior to filing (ie if it also requires your signature), then as long as you agree to everything, (and it clearly states that NJ has jurisdiction of child custody/visitation and support matters, which is good) then it would probably be safe to sign it.

What Ld stated. I inadvertently left the word YOU out of my question. I would be very hesitant to sign anything when the entire document was not present and there was no guarantee it would not be changed before filing.

 

[TinkerBelleLuvr]

Can she have each page notorized before she sends it back, that way only those could be submitted?

 

[Ohiogal]

Can she have each page notorized before she sends it back, that way only those could be submitted?

Notarization would mean NOTHING in this case except that it was she that signed it.