So lost on what to do

[tatianakyrrn]

If you had filed an answer with a counterclaim for divorce, you would also have a divorce case going with the same case number. While HIS complaint could be dismissed for failure to prosecute, you could still pursue your counterclaim and get this over with.

Divorce cases are NOT federal. There is not a "federal" divorce case.


It wasn't given with attitude. it just wasn't given with coddling.

That is actually helpful. I have contacted several lawyers today, and am looking into filing. And now I guess I know not to listen to the courts clerk about things like this!

 

[single317dad]

I don't know why, but it won't let me reply directly to a comment on this site. A few people are liking the comments from latigo, but I dont see why. First off, I have had judges take letters before when they are sent into court with the other paperwork. I know 100% it is possible to write a judge a letter. So i guess that part of your advice is wrong.

Just because you can doesn't mean you should. First, read my other reply in this thread re: the letter and the claims you plan to make in it. Second, depending on the course of action you intend to take, corresponding with the court in that manner may be to your detriment. If the correspondence is deemed an answer to the original complaint, you'll be dragging yourself deeper into an Indiana case when you should be trying to get it dismissed (as my post instructed you to do if that's your intention).

That is actually helpful. I have contacted several lawyers today, and am looking into filing. And now I guess I know not to listen to the courts clerk about things like this!

Court clerks are not usually trained legal professionals (though they might be, it's not a requirement), and they cannot give legal advice.

 

[Just Blue]

Since Latigo believes that its possible for you to file for divorce in FL when there is already a divorce case on file in Indiana, then perhaps you can explore that option. Get a consult with an FL attorney (don't hire one yet, just consult with one) to see if that is really possible. I don't think its possible, but since Latigo (who has proven himself wrong often) believes that, why not check?

If that is not possible, then you would need to get the case dismissed in Indiana, and then hurry up and file in FL.

Are you FLIPPING KIDDING ME?? Ms. TAX "PROFESSIONAL"???????? Why don't YOU look up the "law" and PROVE the ATTORNEY WRONG?? But you will not. You are too busy with HR Block. It is that time of year.

 

[tatianakyrrn]

Just because you can doesn't mean you should. First, read my other reply in this thread re: the letter and the claims you plan to make in it. Second, depending on the course of action you intend to take, corresponding with the court in that manner may be to your detriment. If the correspondence is deemed an answer to the original complaint, you'll be dragging yourself deeper into an Indiana case when you should be trying to get it dismissed (as my post instructed you to do if that's your intention).



Court clerks are not usually trained legal professionals (though they might be, it's not a requirement), and they cannot give legal advice.

Yeah, after the advice on this site I spoke with lawyers in both Indiana and Florida. They have decided my best bet is to get the Indiana case dismissed for lack of jurisdiciton. Apparenlty because my son has lived with for so long that is likely to go through. That is what I am going to look into doing for now. Thanks everyone.

 

[Just Blue]

Yeah, after the advice on this site I spoke with lawyers in both Indiana and Florida. They have decided my best bet is to get the Indiana case dismissed for lack of jurisdiciton. Apparenlty because my son has lived with for so long that is likely to go through. That is what I am going to look into doing for now. Thanks everyone.

Yeah...Isn't that what the "rude" ATTORNEY stated with stat's???

Nice does not = Correct

BLUNT does not = Wrong

K??

Best of luck to you!!

Blue