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needadvice87

Junior Member
What is the name of your state (only U.S. law)? TX

OK, please have patience with me. I'm trying to draft my final divorce decree for tomorrow. I'm going in front of the Judge on what is supposed to be the final hearing on my divorce. I've been told I need to have a divorce decree ready for the Judge to sign. I had a lawyer through the beginning of this whole thing.. she did the temporary orders and all that but she has withdrawn since then, so now I'm on my own.

I was told by my lawyer before she withdrew that all that was left to do was attend the final hearing and that my temporary orders would be made permanent. Therefore I am drafting the final decree from the Temporary Orders. I'm fine with the Temporary Orders becoming our permanent orders but of course I need to change some of the wording.

(my ex has not attended any of the court dates so far, and I don't expect him there tomorrow either. he lives in another state.)

1) The title of the document. Should it say "FINAL DECREE OF DIVORCE"?

1B) On my temp orders under the title it says "On September 5, 2008 the Court heard Petitioner's motion for temporary orders."

Should I change the date to January 16, 2009 and change "temporary orders" to "a final decree of divorce" or leave that whole sentence out?

2) Under "appearances" should I assume what the appearances are going to be (that I appeared in person and announced ready and my ex did not appear and wholly made default) or should I not have a section for appearances since I can't know yet what they will be?

3) If any part of my draft is incorrect will the Judge tell me and give me a chance to fix it and bring it back for him to sign later?

4) my ex doesn't need to be served with a copy of my divorce decree draft before the trial tomorrow right? he is supposed to be there if he wants to see it? he was sent a letter from the court notifying him of our trial tomorrow just like I was.

5) Do I need to file a copy of it with the court clerk before the trial tomorrow?

6) Do I need to give a copy to the Judge's secretary before the trial tomorrow?

7) Do I need to sign it in front of a Notary or do I just sign it myself, or do I wait to sign it until the Judge sees it?

8) We were both ordered to participate in parenting classes before the final hearing. He has not done so that I know of (he is supposed to send me a copy of his proof) Do I bring up the fact that he hasn't done so tomorrow? OR do I assume the Judge will notice on his own that my ex's certificate of completion has not been turned into the court, and let him say something about it if he wants?

If I'm supposed to bring it up, at what point do I do so?

9) My ex was ordered to participate in an alcohol rehabilitation course before the final hearing. again, he hasn't done so that I know of. Do I bring that up? Or again allow the Judge to see it hasn't been done?

9B) Do I say anything in my divorce decree about the parenting classes or alcohol rehabilitation course that was supposed to be done?

10) Under Health Care on the Temporary Orders it states "The child is currently receiving Medicaid. The issue of health insurance will be addressed on final hearing of this cause."

At the time I was expecting my daughter to be off Medicaid and on my medical insurance by now, but I still haven't been able to afford to do so. I expect her to be on Medicaid for another month or so. What do I put under health care for the final divorce decree? Any suggestions?

I would like to take care of health insurance myself (since he lives out of state and refuses to speak to me which would make it difficult to deal with him over her insurance if he does cover her) so how can I ask the Judge to increase monthly child support in exchange for me covering her health insurance? and what do I type under "heath care" in the meantime?

Would I need to wait to ask the Judge to increase child support to cover health insurance until I'm actually paying for her health insurance? If so, what do I say about health insurance in the divorce decree? How can I phrase it so that I can come back later when I am paying for her health insurance and file a motion at that time to increase child support to cover insurance?

11) Do I include the "temporary injunction" that's at the end of the temporary order? I should leave that out right?

12) my ex has not paid any of the child support he was ordered to pay starting oct. 1st. Do I say anything about this tomorrow or should I just file a separate motion to show cause for contempt later?

13) Should I bring something from the AG's office showing he has not yet made any child support payments?

14) when my daughter was visiting him over winter break he did not make her available to speak with me every day as the temporary orders state he was supposed to. he did not answer or return any of my calls. do I say something about this tomorrow, or again, should I file a separate motion to show cause for contempt later?

If anyone could answer my questions I would be most appreciative. I'm very nervous about going in there alone tomorrow.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? TX

OK, please have patience with me. I'm trying to draft my final divorce decree for tomorrow. I'm going in front of the Judge on what is supposed to be the final hearing on my divorce. I've been told I need to have a divorce decree ready for the Judge to sign. I had a lawyer through the beginning of this whole thing.. she did the temporary orders and all that but she has withdrawn since then, so now I'm on my own.

Then you may have serious issues.

I was told by my lawyer before she withdrew that all that was left to do was attend the final hearing and that my temporary orders would be made permanent. Therefore I am drafting the final decree from the Temporary Orders. I'm fine with the Temporary Orders becoming our permanent orders but of course I need to change some of the wording.
Is your spouse fighting anything in the divorce?

(my ex has not attended any of the court dates so far, and I don't expect him there tomorrow either. he lives in another state.)
Are you taking a witness or two with you? Because you cannot just show up by yourself.

1) The title of the document. Should it say "FINAL DECREE OF DIVORCE"?
Sounds good.

1B) On my temp orders under the title it says "On September 5, 2008 the Court heard Petitioner's motion for temporary orders."

Should I change the date to January 16, 2009 and change "temporary orders" to "a final decree of divorce" or leave that whole sentence out?
No it should not be left out.


2) Under "appearances" should I assume what the appearances are going to be (that I appeared in person and announced ready and my ex did not appear and wholly made default) or should I not have a section for appearances since I can't know yet what they will be?
You should announce appearances.

3) If any part of my draft is incorrect will the Judge tell me and give me a chance to fix it and bring it back for him to sign later?
Most likely.

4) my ex doesn't need to be served with a copy of my divorce decree draft before the trial tomorrow right? he is supposed to be there if he wants to see it? he was sent a letter from the court notifying him of our trial tomorrow just like I was.
No. He doesn't have to be sent a divorce decree draft.
5) Do I need to file a copy of it with the court clerk before the trial tomorrow?
No.

6) Do I need to give a copy to the Judge's secretary before the trial tomorrow?
Maybe.

7) Do I need to sign it in front of a Notary or do I just sign it myself, or do I wait to sign it until the Judge sees it?
Why do you think YOU sign it?

8) We were both ordered to participate in parenting classes before the final hearing. He has not done so that I know of (he is supposed to send me a copy of his proof) Do I bring up the fact that he hasn't done so tomorrow? OR do I assume the Judge will notice on his own that my ex's certificate of completion has not been turned into the court, and let him say something about it if he wants?
YOU need to present your case. YOU do NOT assume the Judge will notice or know anything.

If I'm supposed to bring it up, at what point do I do so?
During the hearing.
9) My ex was ordered to participate in an alcohol rehabilitation course before the final hearing. again, he hasn't done so that I know of. Do I bring that up? Or again allow the Judge to see it hasn't been done?
YOU need to present your case. YOU do NOT assume the Judge will notice or know anything.

9B) Do I say anything in my divorce decree about the parenting classes or alcohol rehabilitation course that was supposed to be done?
Are any of the decisions regarding custody or property or anything based on the parenting classes?


10) Under Health Care on the Temporary Orders it states "The child is currently receiving Medicaid. The issue of health insurance will be addressed on final hearing of this cause."

At the time I was expecting my daughter to be off Medicaid and on my medical insurance by now, but I still haven't been able to afford to do so. I expect her to be on Medicaid for another month or so. What do I put under health care for the final divorce decree? Any suggestions?
There may be specific statutory language required. You need to check on that.

I would like to take care of health insurance myself (since he lives out of state and refuses to speak to me which would make it difficult to deal with him over her insurance if he does cover her) so how can I ask the Judge to increase monthly child support in exchange for me covering her health insurance? and what do I type under "heath care" in the meantime?
There may be specific statutory language required. You need to check on that. You also need to do a current child support worksheet dealing with the CURRENT situation. Not what COULD happen. You are NOT covering her on health insurance. When you are, come back and ask for a modification.


Would I need to wait to ask the Judge to increase child support to cover health insurance until I'm actually paying for her health insurance? If so, what do I say about health insurance in the divorce decree? How can I phrase it so that I can come back later when I am paying for her health insurance and file a motion at that time to increase child support to cover insurance?
There may be specific statutory language required. You need to check on that.



11) Do I include the "temporary injunction" that's at the end of the temporary order? I should leave that out right?
Don't know. Can't read your order.

12) my ex has not paid any of the child support he was ordered to pay starting oct. 1st. Do I say anything about this tomorrow or should I just file a separate motion to show cause for contempt later?
Child support needs included in the final divorce decree. There may be specific statutory language required. You need to check on that. Also you need to know how to deal with arrearages at that time. If it is not dealt with properly, the arrearages may merge.

13) Should I bring something from the AG's office showing he has not yet made any child support payments?
YOU need to prove your case.

14) when my daughter was visiting him over winter break he did not make her available to speak with me every day as the temporary orders state he was supposed to. he did not answer or return any of my calls. do I say something about this tomorrow, or again, should I file a separate motion to show cause for contempt later?
You should have filed one to be considered at this hearing. The divorce hearing takes care of everything that occurs BEFORE the final decree of divorce.


If anyone could answer my questions I would be most appreciative. I'm very nervous about going in there alone tomorrow.

You shouldn't be alone. You will most likely need at least one -- if not more -- corroborating witnesses.
 

needadvice87

Junior Member
Thank you for your response to my lengthy post. :)

Is your spouse fighting anything in the divorce?

Like I said he hasn't shown up for any hearings so far, and won't be there tomorrow either. He did send a letter to the court when I filed the original petition for divorce that said he didn't live in Texas and couldn't retain a lawyer, and he requested custody, and if not custody then visitation in this letter. And he said he was unemployed and couldn't afford child support. The Judge barely glanced at his letter, and granted me everything I asked for on the Temporary Orders (managing conservatorship, visitation for my ex, and he was ordered to pay child support)

So if by fighting you mean he doesn't agree with me on custody and child support then yes. He wants custody and doesn't want to pay child support.

But if by fighting you mean coming to court and stating what he wants and why, then no. He hasn't done that.


Are you taking a witness or two with you? Because you cannot just show up by yourself.

What would any witnesses I took be testifying in regards to? Can't I just state the facts as I know them, and if my ex isn't there- won't the Judge grant me the divorce by default if nothing else since he won't be there to state his case?


Why do you think YOU sign it?

To show I've read it and agree with it? So I sign it before I give it to the Judge, and I don't need a Notary Public to witness my signature right?


Are any of the decisions regarding custody or property or anything based on the parenting classes?

No. It's just always required that parents who are divorcing take a 4 hour class about how to deal with divorce and children.


You should have filed one to be considered at this hearing. The divorce hearing takes care of everything that occurs BEFORE the final decree of divorce.

So I won't be able to go back later and file a motion to show cause for contempt regarding the parts of the Temporary Orders he disregarded if I wait until after the divorce decree is signed by the judge?


You shouldn't be alone. You will most likely need at least one -- if not more -- corroborating witnesses.[/QUOTE]

What are they going to corroborate? I'm asking because I'm not sure who I can ask to be a witness, or what they would be a witness to.
 

Ronin

Member
Back up a moment here...
I'm going in front of the Judge on what is supposed to be the final hearing on my divorce. I've been told I need to have a divorce decree ready for the Judge to sign.
Who told you that you need a draft of the divorce decree prior to a final hearing on divorce?

4) my ex doesn't need to be served with a copy of my divorce decree draft before the trial tomorrow right? he is supposed to be there if he wants to see it? he was sent a letter from the court notifying him of our trial tomorrow just like I was.
You may be getting some things out of sequence here. If the hearing tomorrow is a trial then the court will at that time reivew your case and make its rulings and render judgment. Your orders will no longer be temporary.

It is highly unlikely that at this time the judge will sign your proposed final decree, even less so when there may be problems with a decree prepared by a well meaning pro se litigant. An improperly prepared or worded decree can cause major headaches down the road.

In Texas, and probably in many other places, actually signing the final decree can take several months from trial, but should not in your case. A proposed decree is prepared based upon the judges rulings at the trial (and occasionally what either party thinks they can slip in and get away with). The attorney preparing the decree should submit it to the other attorney for review and comments, and make any mutually agreed upon changes, before filing a motion for a hearing to sign the proposed judgment. If any points in the final decree are contested, they are often resolved at the hearing, with the judge crossing out or adding items as required.

Bottom line here is if you are going into a trial tomorrow, it is unlikely you will leave at the end of the day with a signed divorce decree. However, your effort is not wasted, as your currently proposed decree may be reviewed by the judge to help make determinations in your case.
 

needadvice87

Junior Member
Back up a moment here...
Who told you that you need a draft of the divorce decree prior to a final hearing on divorce?



You may be getting some things out of sequence here. If the hearing tomorrow is a trial then the court will at that time reivew your case and make its rulings and render judgment. Your orders will no longer be temporary.

It is highly unlikely that at this time the judge will sign your proposed final decree, even less so when there may be problems with a decree prepared by a well meaning pro se litigant. An improperly prepared or worded decree can cause major headaches down the road.

In Texas, and probably in many other places, actually signing the final decree can take several months from trial, but should not in your case. A proposed decree is prepared based upon the judges rulings at the trial (and occasionally what either party thinks they can slip in and get away with). The attorney preparing the decree should submit it to the other attorney for review and comments, and make any mutually agreed upon changes, before filing a motion for a hearing to sign the proposed judgment. If any points in the final decree are contested, they are often resolved at the hearing, with the judge crossing out or adding items as required.

Bottom line here is if you are going into a trial tomorrow, it is unlikely you will leave at the end of the day with a signed divorce decree. However, your effort is not wasted, as your currently proposed decree may be reviewed by the judge to help make determinations in your case.

Thank you for your response! It would actually be a relief to me if the final divorce decree is not signed tomorrow. I really don't know what I'm doing and would like a few more weeks to retain an attorney to represent me. But I don't want the case thrown out for want of prosecution, so I'm going tomorrow anyway... and I couldn't figure out how to draft a motion for a continuance.

I was told I needed a divorce decree draft for the Judge to sign by two different lawyers I contacted regarding representing me. They both said "Do you have a draft of the divorce decree for the Judge to sign?"

But both want thousands of dollars just to get started. The attorney I want to hire is going to let me make payments, and is only asking for $600 total... but I hadn't yet retained him and ran out of time.

Would it be safe to explain to the Judge tomorrow that I'm wanting to retain another attorney but have not yet been able to come up with the money, and that I wanted to ask for a continuance so I can do so but not being a lawyer I was not able to figure out how to draft a motion for a continuance?
 

Ronin

Member
It's probably a safe bet that if you show up tomorrow and explain your position the judge would be willing to grant a continuance.
 

needadvice87

Junior Member
Update: I asked for a reset and the Judge was very nice. He gave me 3 more weeks. New trial set for Feb 6th. By then I'll have retained an attorney. The judge also said since my ex never shows up that more than likely I'll be granted a default divorce as long as I come in prepared next time.

Thanks for all your responses/time.
 

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