platinumprofit
Junior Member
Al, Mississippi.
Just trying to get a step-by-step explaination of how I do thigns,.
I recently consulted a lawyer. I do not know if I will hire him at the time because he wants a couple thousand dollars and he won't even tell me how he might possibly handle my case until I pay him first. I am looking at some others at the time as well. I'd at least like someone to say "it will cost this much to do this, then this much to do this other thing, then we have to pay for this thing, and initially you are looking at this particular amount to start with "
This is basically what he told me
I told him the situation, and she said that I had a few ooptins. I could file for an annulment under the grounds of duress or forced/coerced consent. If I am not granted the annulment, since she has continued the actions in question since the marriage, I could file for divorce under the grounds of cruelty, since cruelty covers many things that would be considered making unbearable living conditions. But he also said I could try to file and see if she will agree to inreconciable differences, since a lot of people stop trying to contest once they see they might have to hire a lawyer, so we would see what would happen after I filed and had her served.
So, let's take it step by step
1. Since a petition for annulment has already been filed on my befalf by another lawyer(someone I know, but didn't really want a friend or friend of family handlding), do I need to file 2 separate complaints for the two possible means of divorce. Do I just modify the petition to say the ground for divorce I would want if I could not get an annulment. So, how much more is that gonna cost me. Am I going to have to pay to file two more petitions? If I am filing without her signature, do I just leave the respondent line unsigned or just not have it at all?
2. Once I get all that straight, she has to be served. It was mentioned that a motion had to be filed for a cause hearing. Would I have to wait on this to serve her with a copy of the petiton. I can't just serve her with a copy of the petition only right? Wouldn't I have to server her with both the petition as well as notification of the hearing?
My plan was to serve her by certified mail. Is the date of mailing and the delivery confirmation the only thing I need to show she was actually served within 90 days or do I need to officially do to get a mailing date? I think if I serve by mail I have to place a postage paid return envelope and a response letter in there correct?
3. She actually already knows I filed. She's seen a backup copy I was having someone store for me. She actually came up to my job and caused a scene the other day. She actually tried to physically fight with me. We almost called the police. (Update there has been a couple other incidents and they were called. She has been banned from my job-site and the college campus I work on and threatened with arrest on any site of her).
What do I do if she is in county jail at the time. Will they serve her there or wait til she gets out? I guess I probably should have filed for an order or protection when I filed the petiton, but then again I had not completely moved out at the time.
4. The lawyer spoke on a property agreement. The two of us really don't own anything. All I care about is getting the stuff I had when I came in, and to be personally honest I don't really care about that much other than my computer. So, what about that?
5. He also mention there is a chance she might not get spousal support, since she has not attempted to find a job since being fired and has basically just help pile up more and more bills, including opening up some in my name leaving me even more bills to pay.
So, basically I want to know the steps I need to get started, and I might actually bring in a lawyer in on the process at some point. Right now I just want to make sure I take her of filing and serving properly
Just trying to get a step-by-step explaination of how I do thigns,.
I recently consulted a lawyer. I do not know if I will hire him at the time because he wants a couple thousand dollars and he won't even tell me how he might possibly handle my case until I pay him first. I am looking at some others at the time as well. I'd at least like someone to say "it will cost this much to do this, then this much to do this other thing, then we have to pay for this thing, and initially you are looking at this particular amount to start with "
This is basically what he told me
I told him the situation, and she said that I had a few ooptins. I could file for an annulment under the grounds of duress or forced/coerced consent. If I am not granted the annulment, since she has continued the actions in question since the marriage, I could file for divorce under the grounds of cruelty, since cruelty covers many things that would be considered making unbearable living conditions. But he also said I could try to file and see if she will agree to inreconciable differences, since a lot of people stop trying to contest once they see they might have to hire a lawyer, so we would see what would happen after I filed and had her served.
So, let's take it step by step
1. Since a petition for annulment has already been filed on my befalf by another lawyer(someone I know, but didn't really want a friend or friend of family handlding), do I need to file 2 separate complaints for the two possible means of divorce. Do I just modify the petition to say the ground for divorce I would want if I could not get an annulment. So, how much more is that gonna cost me. Am I going to have to pay to file two more petitions? If I am filing without her signature, do I just leave the respondent line unsigned or just not have it at all?
2. Once I get all that straight, she has to be served. It was mentioned that a motion had to be filed for a cause hearing. Would I have to wait on this to serve her with a copy of the petiton. I can't just serve her with a copy of the petition only right? Wouldn't I have to server her with both the petition as well as notification of the hearing?
My plan was to serve her by certified mail. Is the date of mailing and the delivery confirmation the only thing I need to show she was actually served within 90 days or do I need to officially do to get a mailing date? I think if I serve by mail I have to place a postage paid return envelope and a response letter in there correct?
3. She actually already knows I filed. She's seen a backup copy I was having someone store for me. She actually came up to my job and caused a scene the other day. She actually tried to physically fight with me. We almost called the police. (Update there has been a couple other incidents and they were called. She has been banned from my job-site and the college campus I work on and threatened with arrest on any site of her).
What do I do if she is in county jail at the time. Will they serve her there or wait til she gets out? I guess I probably should have filed for an order or protection when I filed the petiton, but then again I had not completely moved out at the time.
4. The lawyer spoke on a property agreement. The two of us really don't own anything. All I care about is getting the stuff I had when I came in, and to be personally honest I don't really care about that much other than my computer. So, what about that?
5. He also mention there is a chance she might not get spousal support, since she has not attempted to find a job since being fired and has basically just help pile up more and more bills, including opening up some in my name leaving me even more bills to pay.
So, basically I want to know the steps I need to get started, and I might actually bring in a lawyer in on the process at some point. Right now I just want to make sure I take her of filing and serving properly