Hearing for Judge to sign divorce papers

[dalek]

What is the name of your state? MS

I have been here before and got some good advice so I am back again. Here are my questions. The divorce papers are signed and have been filed. Here there is a 60 day waiting period before the Judge will sign the papers. Does she have to be there for the Judge to sign the papers? Or can I just go myself? I am the one that filed it, she is the one on the recieving end. I'm not sure if you call that a defendant or not.

Is there anything else that I have to do before the Judge signs the papers? Do I have to notify her when they will be signed or anything?

Thanks for all the help.

 

[fairisfair]

If you filed, you are the petitioner, she would be the respondent.

The court will notify and copy her when the papers are signed and become an order. If there is a hearing, that she needs to attend, they will notify her of that as well.

You should really focus on what YOU need to do, and let her take care of herself. just MHO

You did of course serve her on the filing? right?

 

[dalek]

I have not served her anything. How do I go about doing that? Is there a form or something that I can follow to make up my own papers? I went to the court house and got a copy of divorce papers when I wrote our papers. I used them as a template sort of. We were only married about 3 months when I left. Long story but I was lied to about a lot of things. It was after the I do's that I saw it.

If I have her served how long do I have to wait before I can get them signed?

I was told that she HAD to be there. I have been told by others that she doesn't but I do have to be there or they retire it or something. Can you clarify that a bit for me? Maybe I am missing something in my info that you need to know about.

Thanks much for the info. I need it. I'm trying to get a attorney but I hope I don't need one. I really can't afford it and the free ones take forever here. I heard from them last December. I have not heard a peep from them since.

 

[fairisfair]

according to what I found, based on the premise that this is a joint petition (where you both agree) then , no she does not have to be there, apparently, you don't either, but I sure would be.

read:

http://www.divorcelawinfo.com/states/miss/mississippi.htm

and apparently you don't have to serve her either, since it is a joint petition.

 

[dalek]

This is how things went so far. I hope I am not leaving anything out. I wrote the divorce papers myself. I live in a different county now but was told I could file it up there where she lives. So I signed and notorized the papers down here for my part. I then mailed the papers to the court house up where she lives. They called her and told her the papers were there and ready to be signed. She went to the court house and signed and notorized her signing on Dec 29 last year. I sent a check for the whole filing fee. So after we both signed them, they were filed. They called me and confirmed they were signed anf filed. Plus the check has cleared too.

I called the other day to find out exactly when they would be signed because I was told that they would be signed the first day a Judge was there AFTER the 60 day waiting period. That was when the lady told me that we BOTH had to be there. That threw me for a loop because that is not what I have been told by others including a couple lawyers.

If she doesn't need to be there, what do I need to do to get them to sign the decree? Do I need to go to the law library and get a copy of the law and send it to them with a letter requesting that the papers be signed? I don't want to appear bossy with the court but I want this thing over.

I do have a appointment for next Thursday to talk to a lawyer but I'm not sure how I will be able to pay for it yet. I'm disabled and I am stuck with a few bills from her. If I can keep from having to get a lawyer, it would be great.

Thanks for your help.

 

[fairisfair]

This is how things went so far. I hope I am not leaving anything out. I wrote the divorce papers myself. I live in a different county now but was told I could file it up there where she lives. So I signed and notorized the papers down here for my part. I then mailed the papers to the court house up where she lives. They called her and told her the papers were there and ready to be signed. She went to the court house and signed and notorized her signing on Dec 29 last year. I sent a check for the whole filing fee. So after we both signed them, they were filed. They called me and confirmed they were signed anf filed. Plus the check has cleared too.

I called the other day to find out exactly when they would be signed because I was told that they would be signed the first day a Judge was there AFTER the 60 day waiting period. That was when the lady told me that we BOTH had to be there. That threw me for a loop because that is not what I have been told by others including a couple lawyers.

If she doesn't need to be there, what do I need to do to get them to sign the decree? Do I need to go to the law library and get a copy of the law and send it to them with a letter requesting that the papers be signed? I don't want to appear bossy with the court but I want this thing over.

I do have a appointment for next Thursday to talk to a lawyer but I'm not sure how I will be able to pay for it yet. I'm disabled and I am stuck with a few bills from her. If I can keep from having to get a lawyer, it would be great.

Thanks for your help.

You really just need to be sure that it gets scheduled on the docket for that day. How far away is the court? and can you get there? I sure would, I like standing there watching while they stamp, sign, file the docs, but hey, that is just me.

 

[dalek]

Well actually that is why I called, I want to be there because I need to take a copy of the papers to a business up there so they will have a copy. She got one bill out of it and they need a copy of the paperwork for their records.

I did have on the papers that it was a Joint Bill for Divorce. I'm like you, I don't think she has to be there or me either for that matter. I just don't want to tick them off up htere and them throw me out or something.

If I call them and tell them to put it on the docket, should I tell them that we do not have to be there when I call so they know she may not be there? I don't want to mess this thing up and have to go through this mess again.

Thanks.

 

[fairisfair]

Well actually that is why I called, I want to be there because I need to take a copy of the papers to a business up there so they will have a copy. She got one bill out of it and they need a copy of the paperwork for their records.

I did have on the papers that it was a Joint Bill for Divorce. I'm like you, I don't think she has to be there or me either for that matter. I just don't want to tick them off up htere and them throw me out or something.

If I call them and tell them to put it on the docket, should I tell them that we do not have to be there when I call so they know she may not be there? I don't want to mess this thing up and have to go through this mess again.

Thanks.

Well, first of all, you don't call and tell them anything, you call and ask. Call the court clerk, ask if your case has been set to the docket and if so what is the date and time of the hearing, you can ask if you need to be present, if the answer is no, then ask if you may be present . It doesn't matter in your case what the heck she does, leave her out of it, if she doesn't show and she is supposed to be there chances are that you would receive a default judgement anyway.

 

[dalek]

That's the problem, you and a couple of other people are saying that neither of us HAS to be there for them to be signed. The Court Clerk is saying we BOTH have to be there. That is where the problem is. How do I explain to the Court Clerk that we are not required to be there, even though I plan to be? I don't care if I see the Judge sign them or not, I just need copies to take to another place for a bill.

To be honest, if she is there I am worried for my safety. She is very angry that I left her. I really don't want her to be there.

Thanks

 

[fairisfair]

That's the problem, you and a couple of other people are saying that neither of us HAS to be there for them to be signed. The Court Clerk is saying we BOTH have to be there. That is where the problem is. How do I explain to the Court Clerk that we are not required to be there, even though I plan to be? I don't care if I see the Judge sign them or not, I just need copies to take to another place for a bill.

To be honest, if she is there I am worried for my safety. She is very angry that I left her. I really don't want her to be there.

Thanks

call again, different clerk, different answer. I said that what I found indicated that neither of you had to be there for the judges signing. The point in you being there to see them signed, is that you are assured that the divorce is final, that everything has happened according to plan. It isn't to see if the judge writes pretty

As for your fear for your safety, if you truly have a valid reason, then you should consider filing a TRO, the court will then make effort to keep you apart.

I am not an attorney, just someone with ALOT of pro se experience. You said that you have a consult w/ an atty on thurs. ask him about the necessity for you both to be present. As for the fee, can't help you there.

 

[dalek]

I think they only have one clerk. What I am worried about is if I get it on the docket and she doesn't show up, then the Judge does not sign the papers and I am stuck.

I really think you are correct. I'm just not sure how to get the Court people up there informed about this. That's seems to be my problem right now.

I do plan to talk to the Lawyer Thursday. I may let him call them and explain it for me. Maybe that won't cost to much. LOL

I'm not sure I'm going to ever get married again after all this crap. I think I have had enough now.

Thanks

 

[Bali Hai]

I think they only have one clerk. What I am worried about is if I get it on the docket and she doesn't show up, then the Judge does not sign the papers and I am stuck.

I really think you are correct. I'm just not sure how to get the Court people up there informed about this. That's seems to be my problem right now.

I do plan to talk to the Lawyer Thursday. I may let him call them and explain it for me. Maybe that won't cost to much. LOL

I'm not sure I'm going to ever get married again after all this crap. I think I have had enough now.

Thanks

Now you are making sense chuckles.

 

[dalek]

Yea, but I have one more problem, I don't want to live alone either.

Oh well.

 

[dalek]

Hey, I have one more question. Maybe you know the answer to this and I can sleep better tonight.

We have this 60 day waiting period here. After the 60 days are up but before the Judge signs the papers, like maybe when we are standing in front of the Judge, can she change her mind and the Judge not sign the papers?

I'm going to go see the lawyer tomorrow but knowing me, I'll forget to ask him that question.

Thanks. I'll report what I found out tomorrow too.

 

[Bali Hai]

Hey, I have one more question. Maybe you know the answer to this and I can sleep better tonight.

We have this 60 day waiting period here. After the 60 days are up but before the Judge signs the papers, like maybe when we are standing in front of the Judge, can she change her mind and the Judge not sign the papers?

I'm going to go see the lawyer tomorrow but knowing me, I'll forget to ask him that question.

Thanks. I'll report what I found out tomorrow too.

Can't wait to hear the report on this.