I am a full-time fed. government employee currently starting my paperwork.
Ex left the country in December 2012 and never came back. Never paid any child support or spousal support. He has no intention of coming back. We have been in touch only by email. Although I suspect that he moved on with his life, he or his family here never said anything.
I saw a lawyer yesterday for a consultation and still left with bunch of questions. Could someone please help me to figure out how the process works, please? I am not a low-income so I can’t be qualified for free legal aid, however neither I can fully afford a lawyer as I have been saving for my mortgage down payment. Thus, I am trying to do as much as I can on my own and only using lawyer for notarizing stuff and future needs down the road.
I am not asking for child or spousal support, all I need is divorce and sole custody with provisions such as getting passport.
Here is what I want to understand and please correct me if I am wrong:
I was told that I need to fill out the following forms: 36, 35.1 and 13. All of them should be sworn.
Questions:
1. Why do I need to fill out 13 if I am not requesting support or equalizations of assets? I don’t want him to claim for MY savings.
2. Why am NOT filling out form 8? She told me that I won’t need 8 as it has been almost 3 years of separation at this point so I can go ahead with 36. Is this correct?
3. The family law rules state that I need to get a report from CAS. The 35.1 says that I need to sign the consent form at the court only. Does it mean that I don’t have to approach CAS?
In my understanding, I need to take the papers to courthouse to get them issued. I also need to get a clearance from there before filing?
Can I serve him by email if i get his consent?
What happens next?
Thanks a bunch for your tips and inputs!
Ex left the country in December 2012 and never came back. Never paid any child support or spousal support. He has no intention of coming back. We have been in touch only by email. Although I suspect that he moved on with his life, he or his family here never said anything.
I saw a lawyer yesterday for a consultation and still left with bunch of questions. Could someone please help me to figure out how the process works, please? I am not a low-income so I can’t be qualified for free legal aid, however neither I can fully afford a lawyer as I have been saving for my mortgage down payment. Thus, I am trying to do as much as I can on my own and only using lawyer for notarizing stuff and future needs down the road.
I am not asking for child or spousal support, all I need is divorce and sole custody with provisions such as getting passport.
Here is what I want to understand and please correct me if I am wrong:
I was told that I need to fill out the following forms: 36, 35.1 and 13. All of them should be sworn.
Questions:
1. Why do I need to fill out 13 if I am not requesting support or equalizations of assets? I don’t want him to claim for MY savings.
2. Why am NOT filling out form 8? She told me that I won’t need 8 as it has been almost 3 years of separation at this point so I can go ahead with 36. Is this correct?
3. The family law rules state that I need to get a report from CAS. The 35.1 says that I need to sign the consent form at the court only. Does it mean that I don’t have to approach CAS?
In my understanding, I need to take the papers to courthouse to get them issued. I also need to get a clearance from there before filing?
Can I serve him by email if i get his consent?
What happens next?
Thanks a bunch for your tips and inputs!
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