Any lawyers here?

Ayedavanita

I was served with a divorce complaint and I have to file a response to it. I don't have money for a lawyer so hoped someone could tell me how to respond to it.

Lizard

not sure where you live ( I assume the states) but you could access your county's court site and call your local bar association for help.

Ayedavanita

I'm in Virginia and didn't know I could do that. Thanks!

sponger

If you don't have any major property to divy up or children over which to battle for custody, then you don't have too much to worry about.

Like someone mentioned earlier, the courts normally have available free mediation services.

If your husband has been supporting you for a certain number of years, then he is actually required to reimburse you for any legal expenses that you incur. At least that's how it is in California. Cali is one of the more liberal states when it comes to divorces and, of course, other things.

Hopefully, you don't have any children. That's when things get really, really complicated and downright ugly. That's when you really can't get around needing a lawyer.

At any rate, I am sorry for your situation. That's why I'm not married. I've been in enough relationships to know that the way people feel about each other can literally change overnight.

Ayedavanita

Not really any property to divide. There are three kids but he's in prison until August of 2011 so don't think that will be a problem either. Someone told me it had to address the paragraphs in the divorce complaint so I did a TON of online searching and typed up something I think will work. Any input is greatly appreciated though.

JOEJOEJOE

I would look for some sort of free or sliding-scale legal aid organization in your city. Not a good idea to use the quack legal advice from people here (though they mean well!).

Get_Right

Ayedavanita wrote:

I was served with a divorce complaint and I have to file a response to it. I don't have money for a lawyer so hoped someone could tell me how to respond to it.

go to your local legal aid office ask for help
go to the court where the papers were filed and ask for a pro bono attorney to assist you
dont wait-it will only hurt you

lastly, ask the court for a referral and contact the lawyer-they often will talk to you at no charge

sorry you were served.

if he is in prison, he might be getting legal advice from a prision attorney, you need to know your rights.

sponger

I would think that the last thing a guy would want to do while in prison is divorce his wife. You are probably high up there on a very short list of people who actually give a damn about his well-being.

But, unless he is in a gang, it might be assumed that he was forced into marrying another prisoner. It is actually very common for people who do not have "protection" to be forced into sex slavery by another inmate in order to avoid gang rape. Prisoners who agree to a "monogamous" relationship with another prisoner are granted exemption from gang rapes.

I'm not trying to be funny. It's really what happens in there.

Heineken Helen

Get_Right wrote:

go to your local legal aid office ask for help
go to the court where the papers were filed and ask for a pro bono attorney to assist you
dont wait-it will only hurt you

lastly, ask the court for a referral and contact the lawyer-they often will talk to you at no charge

sorry you were served.

if he is in prison, he might be getting legal advice from a prision attorney, you need to know your rights.

This sounds like good advice.

Ayedavanita

Thanks everyone! Legal aid won't help me because he is in prison and they would have to provide him a legal help as well. WTF??!! I will ask the clerk's office about a pro-bono lawyer, I'm going there tomorrow morning.

jbalicki10

Ayedavanita wrote:

Thanks everyone! Legal aid won't help me because he is in prison and they would have to provide him a legal help as well. WTF??!! I will ask the clerk's office about a pro-bono lawyer, I'm going there tomorrow morning.

I wish you the best of luck! You should really keep a diary about the whole situtation. This would probably make an interesting story/movie or something!!!!

Get_Right

Ayedavanita wrote:

Thanks everyone! Legal aid won't help me because he is in prison and they would have to provide him a legal help as well. WTF??!! I will ask the clerk's office about a pro-bono lawyer, I'm going there tomorrow morning.

it would be a conflict of interest to represent you-the same office cant handle both sides of the v, so to speak

good luck

Get_Right

one more thing
the cheapest and easiest way to get divorced in NY is to have a separation agreement. once signed you file it with the clerk.
After one year, if both parties have abided by the agreement, then that separation agreement can become the divorce decree.
Not sure how it works for child custody though.
These are questions you need to get answered locally.

Good luck!

stickfig13

sponger wrote:

I would think that the last thing a guy would want to do while in prison is divorce his wife. You are probably high up there on a very short list of people who actually give a damn about his well-being.

But, unless he is in a gang, it might be assumed that he was forced into marrying another prisoner. It is actually very common for people who do not have "protection" to be forced into sex slavery by another inmate in order to avoid gang rape. Prisoners who agree to a "monogamous" relationship with another prisoner are granted exemption from gang rapes.

I'm not trying to be funny. It's really what happens in there.

Wow!

Way off topic, but funny as hell!

I doubt he would get a real divorce because he's taking it in the ass from some scumbag!

How do you know this happens anyway?

Phantom Pain

sponger wrote:

I would think that the last thing a guy would want to do while in prison is divorce his wife. You are probably high up there on a very short list of people who actually give a damn about his well-being.

But, unless he is in a gang, it might be assumed that he was forced into marrying another prisoner. It is actually very common for people who do not have "protection" to be forced into sex slavery by another inmate in order to avoid gang rape. Prisoners who agree to a "monogamous" relationship with another prisoner are granted exemption from gang rapes.

I'm not trying to be funny. It's really what happens in there.

Past experience ?

Ayedavanita

You people crack me up with laughter.

He's doing it out of spite and because it's the only way possible of getting out of the court order to pay me spousal support which was ruled on in July of 2004. Two months ago he tried to get the courts to drop his spousal support and his child support while he was incarcerated but they basically laughed at him. This is his only other option. He's an angry man that ruined his life but chooses to blame me for all of his failures. I also think he knows that since he is in prison he won't have to pay any legal fees if an attorney is necessary and that the costs will fall upon me.

PS. He likes it in the ass so I'm sure he's getting along just fine in prison.

brain of c

divorce doesn't get you out of paying support, it gets you into it.

sponger

stickfig13 wrote:

How do you know this happens anyway?

Stop Prisoner Rape dot org

This was the subject of a big congressional hearing some weeks back. I read about it in the paper and I couldn't help but feel somewhat bad for those guys even if they are convicted felons.

Not to mention, a certain percentage of the prison population is pretty much guaranteed to be innocent. The Innocence Project has basically proven that to be an indisputable fact. In other words, it could happen to any one of us...with exception to those of us who have wealth of course.

Ayedavanita

brain of c wrote:

divorce doesn't get you out of paying support, it gets you into it.

Goes to show he's not got all his oars in the water.

BamaPJFan

Ayedavanita wrote:

Thanks everyone! Legal aid won't help me because he is in prison and they would have to provide him a legal help as well. WTF??!! I will ask the clerk's office about a pro-bono lawyer, I'm going there tomorrow morning.

That's the silliest thing that I've ever heard. I worked for almost three years as a legal aid attorney (Legal Services Alabama). I handled nearly one hundred divorces during that time period. I represented two or three ladies who's husbands were in prison during the divorce. We never turned anyone away in your situation. In fact, our organization's guidelines prohibited us from handling a legal matter for an incarcerated individual.