uncontested divorce hering

[cords]

What is the name of your state (only U.S. law)? CA

1. I received notice from the commissioner for mandatory appearance uncontested law hearing
2.there was a judgment package submitted and an MSA signed .
3.During the process of the Agreement there was undue influences . and it is no equitable - SO I filed an order to show cause - Looking to rescind the MSA and seek spoucal support .
4. The courts after the order to show cause made their own court date depending on the out come of the Order to show cause -
5. During this process the X called and said they wanted to settle - and seek a loan from retirement to pay me a lump sum plus spoucal support - but my signature was needed for the loan -
6. I demanded a signed agreement first - the X said they were going to fire her lawyer and we would file alone - the x notarized the agreement - I signed for the loan - but when they recived the money they kept it and the lawyer called demanded I drop the Order to show cause first ( I said with a stipulation ) he sent me another email and told me no agreement and no funds were being paid - see you in court -
7. I then I had to continue the order to show cause ( is now after the uncontested hearing )
8. The lawyer contacted me back said they agreed to a new agreement - but then demanded , I withdraw the order to show cause first ( I again demanded a stipulation to do so ) again he said see you in court ..
9. My question - Is there a deceleration I can file with the uncontested hearing or do I just show up ? or how do I turn a uncontested hearing or divorce into a contested issues ? I am the petitioner .
10. Am I being unreasonable to demanded a Stipulation to drop the order to show cause first ? ? I fell If I just drop the hearing with out stipulation the lawyer will just show up to court say there is not a court hearing and the first agreement should stand ?
thank you

 

[stealth2]

This should really go in your other thread.

https://forum.freeadvice.com/divorce-separation-annulment-36/marital-settlement-agreement-two-them-help-please-596719.html

And honestly? Your posts re really difficult to understand. Could you try to be more clear?

 

[BL]

I don't know CA. Law.

I filed my own uncontested in my State with the State's packet.

Finally was sent to the Judge .

Judge changed Child support .

I had to write in for it to be corrected, as the divorce order was to run concurrent with Family Court Orders ,where CS was zero.

At any rate ,it sounds like your simple uncontested turned into something more complex( or contested ) ,thus the hearing in court.

 

[cords]

I don't know CA. Law.

I filed my own uncontested in my State with the State's packet.

Finally was sent to the Judge .

Judge changed Child support .

I had to write in for it to be corrected, as the divorce order was to run concurrent with Family Court Orders ,where CS was zero.

At any rate ,it sounds like your simple uncontested turned into something more complex( or contested ) ,thus the hearing in court.

exactly , pretty much - my question - If you can help research - at the Uncontested hearing I was served with by the courts ( the courts on their own set the hearing ) do I just show up and just tell them, I do not agree , or it is un equitable - or is there a pleading I have to make ? I have searched and searched the internet , but find it hard or impossible to find info on this ...please and thank you --

 

[stealth2]

Chopped liver, signing off.

 

[Just Blue]

exactly , pretty much - my question - If you can help research - at the Uncontested hearing I was served with by the courts ( the courts on their own set the hearing ) do I just show up and just tell them, I do not agree , or it is un equitable - or is there a pleading I have to make ? I have searched and searched the internet , but find it hard or impossible to find info on this ...please and thank you --

As you can't or will not make your posting semi-coherent and can't or will not educate yourself, it is best for you to hire an attorney.

 

[BL]

As you can't or will not make your posting semi-coherent and can't or will not educate yourself, it is best for you to hire an attorney.

I agree. I will almost bet if the poster shows up without an attorney ,the court will rescheduled telling the poster to have an attorney at the next hearing.

 

[cords]

As you can't or will not make your posting semi-coherent and can't or will not educate yourself, it is best for you to hire an attorney.

nothing incoherent if you understand the rules of the court or the law ?
my question is one that is simple for such as mentioned above - at an uncontested hearing is there a motion or official objection or a pleading I need to file first - or does one just show up and make verbal pleadings -

Yes I agree one should hire a lawyer - if one can afford , that's what message boards like this is for . but when the community at large - finds UN-helpful replies - or people that want to post to build up ones own message board points - it frustrates the situation -

it is simple to clarify factual statements or to reply back to something one does not understand - it is hard to address trolls -

 

[Just Blue]

nothing incoherent if you understand the rules of the court or the law ?
my question is one that is simple for such as mentioned above - at an uncontested hearing is there a motion or official objection or a pleading I need to file first - or does one just show up and make verbal pleadings -

Yes I agree one should hire a lawyer - if one can afford , that's what message boards like this is for . but when the community at large - finds UN-helpful replies - or people that want to post to build up ones own message board points - it frustrates the situation -

it is simple to clarify factual statements or to reply back to something one does not understand - it is hard to address trolls -

Please keep in mind that ADVICE can NOT be given in a vacuum.

With that said, I have been here for many years, and this site does not tolerate "trolls".

 

[BL]

nothing incoherent if you understand the rules of the court or the law ?
my question is one that is simple for such as mentioned above - at an uncontested hearing is there a motion or official objection or a pleading I need to file first - or does one just show up and make verbal pleadings -

Yes I agree one should hire a lawyer - if one can afford , that's what message boards like this is for . but when the community at large - finds UN-helpful replies - or people that want to post to build up ones own message board points - it frustrates the situation -

it is simple to clarify factual statements or to reply back to something one does not understand - it is hard to address trolls -

On the bottom of the page read IMPORTANT NOTICE.

In part:

The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting on the Forums or the identity or qualifications of any person asking questions or responding on the Forums.

Information on FreeAdvice or a Forum is never a substitute for personal advice from an attorney licensed in your jurisdiction you have retained to represent you. To locate an attorney visit AttorneyPages.com

While we have knowledgeable members here , we can not answer everyone to their satisfaction.

 

[BL]

nothing incoherent if you understand the rules of the court or the law ?
my question is one that is simple for such as mentioned above - at an uncontested hearing is there a motion or official objection or a pleading I need to file first - or does one just show up and make verbal pleadings -

Yes I agree one should hire a lawyer - if one can afford , that's what message boards like this is for . but when the community at large - finds UN-helpful replies - or people that want to post to build up ones own message board points - it frustrates the situation -

it is simple to clarify factual statements or to reply back to something one does not understand - it is hard to address trolls -

You are the one looking to rescind the uncontested .

You then received offers ,signed off on a loan , and no one can make sense of your motion to show cause.

You need an Attorney in your area ,not an advice forum.

 

[cords]

Please keep in mind that ADVICE can NOT be given in a vacuum.

With that said, I have been here for many years, and this site does not tolerate "trolls".

at an uncontested hearing ( in California I mentioned the state already ) is there a motion or official objection or a pleading I need to file first - or does one just show up and make verbal pleadings - what I want to do is turn the Uncontested matter into one that is contested . and the court room rules do not explain this nor do I see it in any Family law or codes for California how to do this -

.During the process of the first Agreement there was undue influences placed on me to sign the agreement ( not important to my question of how the influence came about or what was done ) . and it is no equitable( CA law dictates I can back out based on those facts, if I can prove them in court, I will fight that latter at my order to show cause or trail ) - SO I filed an order to show cause - Looking to rescind the MSA and seek spoucal support .
. The courts after the order to show cause was filed , the courts made their own court date ( a mandatory appearance at an uncontested hearing ) depending on the out come of the Order to show cause is what is to take place at the Uncontested hearing ( the clerk told me this ) -
During this process the X called and said they wanted to settle - and seek a loan from retirement to pay me a lump sum plus spoucal support - but my signature was needed for the loan -
. I demanded a signed agreement first - the X said was going to fire her lawyer and we would file alone - the x notarized the agreement - I signed for the loan - but when the funds was received the X kept the finds , and the lawyer called demanded I drop the Order to show cause first before they proceeded with agreement ( I said with a stipulation I would drop the order to show cause ) he sent me another email and told me no agreement and no funds were being paid - see you in court -
.. I had to continue the order to show cause ( is now after the uncontested hearing )
. The lawyer contacted me back said they agreed to a new agreement - but then demanded that I withdraw the order to show cause first ( I again demanded a stipulation to do so ) again he said see you in court and refused to go any further with an agreement ..

can you please explain the Vacuum ( this is exactly the situation ) ? if you are seeing one( a vacuum) , when I make my pleading to the courts I will have the same issues( please help and inform me what is not clear ) . please and thank you ... still would be nice to know the answer to the question , at an uncontested hearing ( in California I mentioned the state already ) is there a motion or official objection or a pleading I need to file first - or does one just show up and make verbal pleadings - what I want to do is turn the Uncontested matter into one that is contested . and the court room rules do not explain this nor do I see it in any Family law or codes for California how to do this - again please and thank you

 

[cords]

You are the one looking to rescind the uncontested .

You then received offers ,signed off on a loan , and no one can make sense of your motion to show cause.

You need an Attorney in your area ,not an advice forum.

If I could afford a lawyer I would hire one trust me ,,,,, the one I had died and does not answer the calls to refund me ....

the Order to show cause was to rescind the first agreement - based on duress and the fact they did not file the proper disclosures and spoucal support -
however - the courts set an uncontested hearing to following the Order to show cause mandatory appearances -
then a second offer came in from the X - but I needed to sign a loan from retirement so I could be paid off - The X got the money and kept it .
I also demanded a stipulation to drop my order to show cause - understand ?
then the lawyer called me said no new agreement and we would talk about the new agreement after I drooped the order to show cause - I said only with a stipulation -
he said see you in court ,
I had to continue the order to show cause and now is after the uncontested hearing - the order to show cause I can handle - the uncontested hearing not much info out there that I can find .. no motions , no forms nothing out there , so my question is , how to turn a uncontested divorce into one that is contested , under these circumstances - thank you and please -

 

[cords]

If I could afford a lawyer I would hire one trust me ,,,,, the one I had died and does not answer the calls to refund me ....

the Order to show cause was to rescind the first agreement - based on duress and the fact they did not file the proper disclosures and spoucal support -
however - the courts set an uncontested hearing to following the Order to show cause mandatory appearances -
then a second offer came in from the X - but I needed to sign a loan from retirement so I could be paid off - The X got the money and kept it .
I also demanded a stipulation to drop my order to show cause - understand ?
then the lawyer called me said no new agreement and we would talk about the new agreement after I drooped the order to show cause - I said only with a stipulation -
he said see you in court ,
I had to continue the order to show cause and now is after the uncontested hearing - the order to show cause I can handle - the uncontested hearing not much info out there that I can find .. no motions , no forms nothing out there , so my question is , how to turn a uncontested divorce into one that is contested , under these circumstances - thank you and please -

another words - I get the confusion now -------- If I just drop the order to show cause with out a stipulation = meaning = We stipulate that a new agreement has been reached and to drop the order to show cause - I have no lawyer signed off on new agreement = then he hoses me at the uncontested hearing - then I have to scramble with the courts and start all over again ---- get it - why would they not stipulate to drooping the order to show cause ?

 

[Silverplum]

"Switching from Contested Divorce to Uncontested DivorceIn California, both contested divorce and uncontested divorce are common. A case becomes "contested" when you and your spouse disagree on one or more issues, such as property, finances or child custody. Your spouse will need to file a Response to your Petition stating what he or she disagrees on. From there, it's up to one of you to schedule a hearing or trial date so the judge can hear both sides and resolve the disagreement.
A case may start out or later become contested, but it can become uncontested if an agreement is found through mediation, negotiation, or another process. An uncontested divorce case can be handled without court hearings and by referencing this California Divorce Guide. If you have any court dates scheduled, you may be able to cancel those once the case becomes uncontested."

http://www.cadivorce.com/california-divorce-guide/planning-for-a-california-divorce/california-uncontested-divorce/

*NOTE:* I have no connection with the linked firm, just providing info for OP.