Steps to take in Mississippi

[platinumprofit]

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 properlyWhat is the name of your state?

 

[platinumprofit]

This is surprising. I'm used to seeing replies on this site. I noticed some people in other states when they went to court and filed, they told them or gave them everything they needed to take care of business. I don't know wsup in MS

 

[Ohiogal]

Al, Mississippi.

Just trying to get a step-by-step explaination of how I do thigns,.

NO ONE is going to give you a step by step explanation. You need to read your local rules, rules of civil procedure and what not.

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 "

No one can tell you how much it could cost, might cost or will cost. They can tell you filing fees. But no one can say what the actual outcome will be cost-wise. It depends on a variety of factors including how much time is involved -- I have had divorces take anywhere from 5 hours to more than 50. It depends on how much in assets the individuals have, how willing they are to negotiate, whether there are children or support issues, a pre-nup or a variety of other things. So it could cost you anywhere from $500 to 25k. How is that?

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.

Based on what?

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.

Okay.

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

No one is going to do that.

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.

No. You already have a complaint. ALL of your causes of action should be in that one complaint. So sounds like you need to amend the original complaint to include in the alternative a 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?

You file a modified petition. And how much it is going to cost depends on your individual court.

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?

Depends. You very well may have to. Depends on the local rules. Some courts require you to serve only the petition and then they serve ALL parties with a notice of hearing. Others require it all at the same time. Read the local rules.

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?

Served within 90 days? Of what? Filing? You normally have to attempt service within three days in order for it to be good. Notice I say attempt. Of course that question would be answered in your local rules also. Serve her certified mail. Or give instructions to the clerk for service. Did you file a certification of service with the pleading? Or not? In many areas if you didn't file a certification of service, the pleading is bad and you would need to begin again.

I think if I serve by mail I have to place a postage paid return envelope and a response letter in there correct?

Local rules again would answer.

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.

She could be served in jail. HOWEVER you may have already screwed up.

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?

Depends. You still need an agreement stating what stuff you came in with and what is separate property.

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.

How long you been married?

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 properlyWhat is the name of your state?

Good luck because I know if you came to my office I would NOT take your case. You have made too many errors that I can see. You have had an attorney apparently file something for you -- meaning that they are now the attorney of record. Yet you are pro se without having any understanding of the rules of evidence or whatnot. Therefore an attorney would spend several hours just trying to salvage this mess in to a reasonable case.

 

[Ohiogal]

This is surprising. I'm used to seeing replies on this site. I noticed some people in other states when they went to court and filed, they told them or gave them everything they needed to take care of business. I don't know wsup in MS

What is up is you have shown no understanding of the legal process. You have an attorney that has filed things for you and therefore is most likely the attorney of record. You have not even begun to read up on the local rules, rules of evidence, or rules of civil procedure. You are going to have major problems. AND this feels like a repost. Meaning we have already answered you and it seems you did not like the answers and maybe started the thread again after deleting it.