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totllylost
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(Bronze)
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10/27/06 10:50 AM
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72.24.99.166
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Help quickly, PLEASE! Finalizing divorce
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I have a question about the final prove up (as they call the final signing of divorce papers in front of the judge in my county). My ex is considered the plaintiff. We are supossed to be in court of Monday to finalize the divorce, we already signed the agreement, etc and everything is worked out. However, here's the problem. I had to leave town and am now stuck here because my car broke down and it is going to take 5 days for the part to get in. Will the finalizing of my divorce go through without me. I fired my lawyer at our last court date and am representing myself now. I called the courthouse, they said no, it will be dismissed and have to get a new date. My ex's lawyer says yes it will go through because he is the plaintiff. I don't know what to believe. I am also worried my ex will try also to pull something saying I am not there and abandoned my kids too. Although, he knows this is not true and I will be back as soon as I get this fixed. Anyone have any quick advice? I am just a wreck. It seems it has been one thing after another and I can't take much more emotionally.
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KGrow
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(Platinum)
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10/27/06 03:07 PM
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141.131.3.22
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Re: Help quickly, PLEASE! Finalizing divorce
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I think you should be able to appoint someone to represent you at the signing. That person may not need legal credentials. Certainly if you could woo your attorney back, that'd do it. Or you could hitchhike.
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Re: Help quickly, PLEASE! Finalizing divorce
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The prove up can be delayed - ask the other attorney to get a date for later in the week. If you have to offer to pay for the extra time for that attorney just so that everyone stays happy. Prove ups take about 30 minutes tops, so the judge can be prepared.
I would send a fax of a letter to your ex's attorney so that you can demonstrate what is going on.
They can say anything they want on the abandoment issue, but unless they file a motion, the judge is there for prove up and will not listen to anything else.
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totllylost
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(Bronze)
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10/29/06 07:49 PM
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72.24.99.166
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Re: Help quickly, PLEASE! Finalizing divorce
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What actually happens at the prove up? Any info you can tell me would be helpful. Maybe put my mind at ease a bit too.
Thanks again to everyone here who has been so supportive since the beginning.
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jersey girl
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(Platinum)
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10/31/06 11:47 AM
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65.209.129.146
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Re: Help quickly, PLEASE! Finalizing divorce
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Prove up is just where they read through the agreement. Nothing major happens. It is a chance to get the agreement on file for the court.
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