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Old 06-15-2011, 10:10 PM
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Smile Divorced, finally...

A judge signed off on my uncontested divorce filing on May 10, the standard 31-day waiting period expired June 10, and on the 13th I was able to pick up a copy of my divorce certificate. No muss, no fuss, and it took all of ten minutes to get.

Funny how things turned out. Months before I filed, ex-wifey called me up several times to threaten she was going to file and 'go before a judge' if I didn't give her some money. She (allegedly) had a lawyer lined up and was all ready to go. I stood my ground and refused, since my policy is not to negotiate with terrorists, LOL. And when I took the initiative and filed, I got nary a peep from the ex. Seems to me she was bluffing, and when I called her bluff, she suddenly didn't have any cards to play.

I'm glad that I didn't get chewed up in the courts. From cruising the forums here periodically, I know that my experience is by no means universal, and I feel for those who have to put up with a deeply flawed and often needlessly intransigent legal system, where the only people who win, generally speaking, are the lawyers.

So on that note, I'm signing off. Wishing all of you the best of luck and better days ahead.
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Old 06-16-2011, 10:18 AM
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Congrats, all the best!
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Old 06-16-2011, 03:22 PM
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Congrats ZipZap!
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Old 06-16-2011, 04:24 PM
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Default Hope this does not Happen...

Hate to sound cynical – But wait for it.

I’ve been divorced for almost 2 years and I’m filing a motion to get CS changed. My ex will not pay CS so I need to go through the system. I just got a partial response from her threw a lawyer which was past the 30 days reply timeline. In my Ex’s Response to Motion she states that she never received a copy of the Divorce Application, never approved one and does not agree that we are Divorced.

Funny thing is – I have a Divorce Order and Certificate of Divorce signed by a Judge.

Being positive to your outcome - Hears to not seeing you again on this Forum and congratulations.
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Old 06-16-2011, 06:59 PM
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Congrats - sounds like we have another success story on our hands!

Cheers!

Gary
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Old 06-16-2011, 10:41 PM
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Quote:
Originally Posted by Frustrated_DAD View Post
Hate to sound cynical – But wait for it.

I’ve been divorced for almost 2 years and I’m filing a motion to get CS changed. My ex will not pay CS so I need to go through the system. I just got a partial response from her threw a lawyer which was past the 30 days reply timeline. In my Ex’s Response to Motion she states that she never received a copy of the Divorce Application, never approved one and does not agree that we are Divorced.

Funny thing is – I have a Divorce Order and Certificate of Divorce signed by a Judge.

Being positive to your outcome - Hears to not seeing you again on this Forum and congratulations.
Well, for what it's worth, it doesn't matter if your ex approved the application or not. One party applies for divorce, and the other gets a copy of said application, and has 30 days to respond by way of an answer. As you know, once that 30-day time period expires and the respondent has not answered, the applicant can immediately ask for a divorce order.

Once the order is signed, that's it. At that stage, it doesn't matter whether the respondent agrees with the divorce or not, both parties are legally divorced 31 days after the order is signed. The respondent can appeal in that 31-day window, but I understand that divorce courts are generally loath to entertain appeals. Especially in cases where the respondent voluntarily fails to respond to a divorce application.

I wonder how your ex can claim she never got a copy of the application. Was she personally served with a copy? If she was, who served her? Where's the Affidavit of Service? If the process server was at all competent, a copy of the AoS should be in your divorce file.

No offence intended, but your ex is nuts to think that non-receipt of any paperwork, etc. from the court will affect her liability to pay CS one iota.
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Old 06-17-2011, 12:03 PM
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Default Ex is nuts

My Ex is trying to get out of Child support now by not working and she claims she is very ill. Since I've gotten no proof she is ill and she did work last year (but not at her full potential) I'm asking for her income to be imputed.

As for being Divorced - the Divorce Act actually says both Parties should work to their max potential. She does not want the judge to tell her that. I also find she states things to try and confuse everyone.

Hope you went out and celebrated your Divorce.
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Old 06-17-2011, 01:17 PM
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Forgot to mention. We had everything go through lawyers for the Seperation Agreement and Divorce papers (both done at the same time). When I talked to my lawyer recently he said she better talk to her lawyer about what happened, since he was suppose to give her copies of everything. We also submitted it to the address they gave us.
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