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 she did the temporary orders and all that but she has withdrawn since then, so now I'm on my own.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.
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.