Desperate for Advice

[cookies_cubby]

What is the name of your state?What is the name of your state? Virginia

My husband has filed for an UN-contested divorce, which I told him WOULD be contested. (Not to the divorce itself, only to the fact that he has physical custody of our kids and we have joint legal custody, which I want to change so that I have physical custody. There is no reason why I shouldn't have it. I have not been proven unfit, I was just bullied into giving it to him in the separation agreement and my first lawyer was an idiot and didn't care about my case, which was very obvious when he didn't tell me I could have easily gotten physical custody.) I have recently recieved a Bill of Complaint from my husbands lawyer, which states that there will be a deposition at the end of the month. I'm not agreeing to sign the papers because the of the custody guidelines he has stated. I'm in the process of looking for a lawyer, but because of finances I'm not sure if I'll have one by the deposition date. Is there a way I can answer the Bill of Complaint 'cause I don't agree with it? OR can I just "show up" at the deposition because we did cohabitate after the "separation agreement" was signed. Also does that make the whole case null and void causing us to write up a new separation agreement? And can I file for custody before the deposition? Sorry for so many questions, I'm just scared of loosing my kids.

 

[djohnson]

I'm bumping this back up so maybe someone can help you with the legal questions, but honestly if you have already agreed to him having physical custody, it will be up to you to prove him unfit to get it back. You can probably get joint legal and physical, but be prepared for him to be the home of residence since you agreed to it already. You state he hasn't proved you unfit, but you haven't proved him unfit either, plus he already has custody and you agreed. That's gonna be hard to fight.

 

[eyemback]

Wh
My husband has filed for an UN-contested divorce, which I told him WOULD be contested. (Not to the divorce itself, only to the fact that he has physical custody of our kids and we have joint legal custody, which I want to change so that I have physical custody. There is no reason why I shouldn't have it. I have not been proven unfit, I was just bullied into giving it to him in the separation agreement and my first lawyer was an idiot and didn't care about my case, which was very obvious when he didn't tell me I could have easily gotten physical custody.)

And why shouldn't he have physical custody? We're not playing the "woman" card, are we?

I have recently recieved a Bill of Complaint from my husbands lawyer, which states that there will be a deposition at the end of the month. I'm not agreeing to sign the papers because the of the custody guidelines he has stated. I'm in the process of looking for a lawyer, but because of finances I'm not sure if I'll have one by the deposition date. Is there a way I can answer the Bill of Complaint 'cause I don't agree with it? OR can I just "show up" at the deposition because we did cohabitate after the "separation agreement" was signed. Also does that make the whole case null and void causing us to write up a new separation agreement? And can I file for custody before the deposition? Sorry for so many questions, I'm just scared of loosing my kids.

As already mentioned, you already agreed to give him physical custody, regardless if you were "bullied" or not. He wasn't unfit then and I am sure he isn't unfit now. This is all part of going through a divorce.
One thing you can always do is look into filing a continuance with the court and state you are still looking for legal counsel. You will need to call the Court to find out exactly what you need to do, but keep in mind, they are not allowed to dispense legal advice. Have you tried getting in touch with a paralegal at least to file some of this paperwork (like a continuance)?

 

[Toniotru1]

I'm not a Lawyer or anything but, I'm pretty sure you can file an answer to the complaint, motion or whatever it is that he has filed. All you do is get the Petition and answer it from one paragragh to the next. Other than that.........
YOU REALLY NEED TO SEEK A LAWYER OR AT LEAST GET A CONSULTATION.