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What is a Rule Nisi, have searched forum, can find anything on it.

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DGO1223

Member
What is the name of your state? GA

What is a Rule Nisi? My son was served divorce papers, and the page where he needs to appear in court is called a Rule Nisi. He has 7 days from date of service, and has to appear in court.

It's a bit confusing, because the first page, called Summoms, says he is required to answer the complaint in 30 days, or judgement by default will be taken against him.

This began in May, while he was hospitalized, and she refused to let him come home. Since he was sick, and had to come to our home, he could not argue or fight with her; he did not need more stress at that time.

Also, since he has no money for a lawyer, when he does go to court, would the judge appoint one, (maybe that is for a criminal case only?)
Or is there some kind of legal aid that will help in this kind of situation, and where would we check to find one in our area? I ask all this because no lawyers offices will advise you, unless they are hired by you.

Or, when he appears in court, is it a common practice for both wife and her lawyer appear, or just be represented by her lawyer? We were told by her lawyer's office he only needed to bring his past month's pay stubs.

Also, is it customary for her demands and his agreements to any/or of them to perhaps be settled there? The one issue he has no problem with is child support for their daughter.

Can he request more time from the judge to try to get some legal advice, or is that just not done at that point?

Another question....they had a house, which was in her name only, and she sold it while they have been seperated. He was told nothing, except she said she only got $1,000 profit, because she had filed for bankruptcy a year ago, and that the courts would only allow her that much for moving expenses. I read somewhere that if you sold a house before 180 days were up, you would be penalized in cases like that, but it was a year after in their case.

As I write this, it seems complicated, but without a lawyer for now, maybe just some direction would be helpful.

Thanks
 


B

billw18

Guest
rule nisi

judging by your questions you definitely need a lawyer. her lawyers want the pay stubs to set child support. this can be quite a bit. the standard schedule is up to 23% of gross income for one child. there are some reasons to go higher or lower. ultimately up to judge as far as i can tell. Go to the georgia state web site. you can find it by searching for " georgia code ", "georgia law ", etc.
don't include " in search. look at the title list. title 19 family law is the one to look at.

If you go to court without a lawyer you will most likely lose big time and get the short end of the stick (visitation, support, etc). Judges side with the mother usually (my experience)
and even with a lawyer you will probably get the short end.

Search for "georgia legal aid". they provide services for poor people. I don't think they will represent people for divorce but they might be willing to answer questions.

There are also some lawyers who will give an initial consultation for free. Call around.

rule nisi is a superior court order. It is an order to do something or show cause why you shouldn't have to. do a search for a legal dictionary.
 

nextwife

Senior Member
Also, was his hospitalization due to some temporarilly debilitating illness or injury? He needs to have that taken into consideration. He needs, to, at least temporarilly, make certain that any potential extended recouperation time is taken into consideration when the CS is calculated.

He also needs to make certain he gets shared legal custody and as much time SCHEDULED (not accept "reasonable visitation") with his child as possible.
 

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