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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-14-2010, 08:08 PM
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Default Questions about filling out answer papers

Hi to all. Great form for people to get good information.
I have been served papers by the ex.Two years of colaberative law just crashed.$7,000 down the tubes.Going on my own,no money left.
I sent an offer to settle.There reply was to file papers.I guess the big game starts now.Everything is settled.The disagreement is spousal support.
I picked up the proper papers at the court house.I have to send them to a court in a different city that she now lives in with her boyfriend that she left me for.Looks like i have to go to court there.

Need help about filling out forms 6b(Affidavit of service),form14(notice of motion),form10(answer),form14a(affidavit).
She is the applicant and i the respondent on the papers served on me.Do i on my papers put her name in the applicants box and me in the respondent box or because i'm sending papers to her am i now the applicant and her the respondent?
Also i was putting a notice of motion to have the court case sent to the courts in my city.
Does anyone have any advice about this?

The affidavit of service do i put her name or her lawyers name on it?

If anyone has filed papers on there own and can give me correct advise i would greatly appreciate it.
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Old 05-14-2010, 09:29 PM
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Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
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You will now always be the respondent, unless this case is closed and you someday file a new application of your own.

The affidavit of service, I'm not sure if you are actually looking at the form? There is a box for her name, your name, her lawyer and your lawyer. Fill them all in (you don't have a lawyer obviously, leave it blank.)

If you are having trouble with the forms, go to the courthouse and ask to speak to the duty counsel, who is there to help with forms.

For the response to her application, think about it this way: This is a 4 part debate; She gets to argue what she wants, you get to refute her argument, you get to argue what you want, then she gets to refute yours. This happens in 3 parts, her Application, your Response, and her Reply.

Your Response should be in two parts then, one is a refutation of what she has written, point by point, and then you should state what you want to be result of the trial, logical reasons why you believe it should be so, and facts to support those reasons. If possible, attach supporting documents at the back.

The more clear you can make your response, the more you follow a logical series of supporting reasons, the more convincing it is.

Don't get caught up in too much he said/she said. However you should respond to anything she has written. If it is just accusations or things you think she is making up or exagerating, just state that simply, say that there were no such incidents and there is no evidence to support such a claim.

Remember that the Application/Response/Reply is essentially your trial, this is what you would bring up in court. It's possible to file a motion to add other things later, but what you are writing is what you want to bring up in the courtroom.
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Old 05-15-2010, 09:44 AM
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Thanks Mess, this was a wonderful post. I'm just writing my answer and your words helped me a lot to keep it straight.
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