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Please advice w/ finalizing divorce and custody mod

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Househunny

Junior Member
What is the name of your state?California
I was involved in a very nasty divorce and custody battle trying to end a violent relationship that started in 2001 and went on for a long time. My ex's family paid for him to have an attorney, and I fought this case pro per. My mistake was not speaking out sooner. I fell victim of circumstances and agreed to 50/50 custody in a stipulation of judgement. His attorney was supposed to send in the final paperwork to finalize my divorce. My ex was incarcerated in state prison in October 2003. Well after this I found out I was still married and that the judgement never finalized to due to the attorney not sending in that paperwork. I called the court and his attorney is still on the case. I called his attorney and he is not very cooperative since he is no longer getting paid. So here I am looking to remarry as soon as possible. My questions would be... Which would be the best way to finalize my divorce? Given the fact that he is in prison and there is still an attorney on the case... Also, I would like to modify custody orders to where I have 100 percent. I want to do this before he gets out, I know he will be very problematic if and when he does get out. Is there a way to modify custody even though he is locked up?? Please any answers to any of my questions would be helpful. I am trying to take care of this soon so I can finally move on with my life and have peace of mind, thank you
 


When you say, "paper work". What paper work??? final orders, agreement, etc. Also, why didnt you follow-up with the paper work that was suppose to be completed. As a pro se, you are your own lawyer and just as responsible for calandering everything yourself. You should have contact him within the amount of days allowed to deliver "paper work" or provided them with the paperwork.

Anyway, with him being in prision, I would file for a modification of child custody.
 

Househunny

Junior Member
Reply for Bulldogg

Paperwork meaning the final stipulation of judgement that included divorce and custody. According to the courts it had mistakes and were to be fixed and re-filed. I know I was supposed to follow up and like I said I was in a bad situation, and made many errors along the way. I was very naive when it came to these things, and now I am paying for that.
 

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