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Home > Family & People > Divorce   »   Divorce - vacate stay of judgement absolute

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Old Sep 28, 2005, 12:03 PM
carriesyl
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Divorce - vacate stay of judgement absolute

Hi...first timer here! I am in the midst of a divorce that is taking forever. Last September I had my divorce trial (husband didn't show). I testified for 2 hours and was eventually awarded my home, children (physical & legal) and granted divorce to return to my maiden name. The judgement (in Mass courts) was to be final on 12/9/04. To which my ex-husband filed a motion to stay judgement abosolute. My attorney (at the time) filed an opposition and since then my Ex nor his lawyer have done anything.

I was told that I need to file a Motion to vacate the stay of judgement absolute. Are there other forms that I need to fill out and file in addition to just the motion? And where can I find ideas on how to correctly word everything I need to put in these orders?

I need to go into court next week to have the motion filed in front of the Judge and he is only in on Tuesdays.

HELP!!!

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Old Oct 21, 2005, 07:36 PM   #11  
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Wish you all the luck. Your job will be hard, but you'll do it with pride and will manage just fine. I have confidence in you, so you keep it also, and don't give up..
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Old Oct 22, 2005, 09:13 PM   #12  
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Don't do any of this without a lawyer. Vacating judgments? Are you serious? Are you thinking it's just a matter of filing out forms? They don't call it "practicing law" for nothing.
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Old Oct 22, 2005, 09:17 PM   #13  
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Quote:
Originally Posted by slippydippydo
Don't do any of this without a lawyer. Vacating judgments? Are you serious? Are you thinking it's just a matter of filing out forms? They don't call it "practicing law" for nothing.
Thank you for joining in. Can you give her some pointers as to what to do when you have no money for a lawyer and were told you have to do it yourself by a certain deadline?, Please. For many of us seeing a lawyer is easier said than done.
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Old Oct 23, 2005, 07:40 AM   #14  
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Once again Chery to the rescue!

Amen Sista! I think that is what has driven me the most crazy, I work 2+ jobs to make ends meet, I pay a lawyer to protect me, I owe a lawyer so I can't really be protected anymore. Yet the Ex doesn't work, get's free health insurance and is on a waiting list for Govt. help, and he gets a free lawyer and doesn't have to pay serving fees.

Yes I know I need a lawyer but the system seems to be slated to protect him at every cost. Yet the Mother taking care of 2 kids and a father should just be forced out and given the run around in court. Hardly seems fair to me. So yes, I would greatly appreciate advice instead of beating the need for a lawyer into the ground.

Trust me if I didn't have to go the Pro se route....I wouldn't!!
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Old Oct 23, 2005, 10:05 AM   #15  
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Quote:
Originally Posted by carriesyl
Amen Sista! I think that is what has driven me the most crazy, I work 2+ jobs to make ends meet, I pay a lawyer to protect me, I owe a lawyer so I can't really be protected anymore. Yet the Ex doesn't work, get's free health insurance and is on a waiting list for Govt. help, and he gets a free lawyer and doesn't have to pay serving fees.

Yes I know I need a lawyer but the system seems to be slated to protect him at every cost. Yet the Mother taking care of 2 kids and a father should just be forced out and given the run around in court. Hardly seems fair to me. So yes, I would greatly appreciate advice instead of beating the need for a lawyer into the ground.

Trust me if I didn't have to go the Pro se route....I wouldn't!!
It does seem that we women who don't have the money always wind up with the dirty end of the stick,no matter what. Do the best you can dear. I really hope most of these guys have trouble sleeping nights and wondering how many times they walked all over others. My soon to be ex-son in law knows better after we had a nice long talk. Wish you had someone to support you thru this.
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