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Home > Law > Family Law   »   showing proof

 
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Old Feb 18, 2008, 09:48 AM
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showing proof

I'm going to file for divorce by myself by downloading papers; but one of things i need to know is how do i present or show proof that spouse has been a long time acohol & drug user?

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Old Feb 18, 2008, 11:28 AM   #2  
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Quote:
Originally Posted by anitaseason
I'm going to file for divorce by myself by downloading papers; but one of things i need to know is how do i present or show proof that spouse has been a long time acohol & drug user?
You present or show proof by other people who saw an event, usually family or friends, or waiters, bouncers, policemen. Or you may be able to use hospital records. Why do you want to prove this kind of conduct in your divorce?
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Old Feb 18, 2008, 04:26 PM   #3  
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Quote:
Originally Posted by George_1950
You present or show proof by other people who saw an event, usually family or friends, or waiters, bouncers, policemen. Or you may be able to use hospital records. Why do you want to prove this kind of conduct in your divorce?


Thanks,
it's not that i want do go into this it just the questions are asked in the questionnaire;
so i'm just being honest with my answers. I've been married for 18 yrs and this has been a part of the cycle. What is your profession ?
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Old Feb 18, 2008, 05:18 PM   #4  
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And what do you want to prove by showing this. Are you wanting to use this to get child custody, or to help show something, since in most places, there is no need to prove any reason for the divorce.

But to be honest if your soon to be ex does not agree to the divorce you really need an attorney, Plus if you both agree to all the terms, it is farily cheap for both of you to merley hire one attorney to do and file the divoce papers.
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Old Mar 25, 2008, 12:09 PM   #5  
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hi i have another question..I've filed the divorce papers myself & paid the fee +fee to serve
my husband which he blew up about it he knew it but i don't think he believed would really
go thru with it; anyway will i still be granted the divorce cause he threatens to not show up for the hearing not to have anything to do with it....that's why i previously started to tell of the addiction so that i could be free it's been 28 years to long
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Old Mar 25, 2008, 02:01 PM   #6  
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Quote:
Originally Posted by anitaseason
hi i have another question..I've filed the divorce papers myself & paid the fee +fee to serve
my husband which he blew up about it he knew it but i don't think he believed would really
go thru with it; anyway will i still be granted the divorce cause he threatens to not show up for the hearing not to have anything to do with it....that's why i previously started to tell of the addiction so that i could be free it's been 28 years to long


Certainly - if he was properly served and your papers are in order you will be granted an uncontested divorce with minimum proof. Some Courts won't take alcoholism as grounds (I'm not sure what words you used) and will change it to cruel and inhuman treatment or something similar. Depends on the State.

Never a good idea to represent yourself because of spousal support, division of property, but if you are determined to do so the Court will allow it.

(George's advice, by the way, was sound and not out of line. You posted, he answered. His profession has nothing to do with the quality of his advice on this issue.)
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Old Mar 25, 2008, 03:15 PM   #7  
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Yes, actually not showing up makes it easier sometimes than if he showed up and was fighting it. But again, without an attorney will you know what to tell the court, what motions to file to go ahead for the divorce.
If this is not a agreed to divorce you really need an attprney
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Old Mar 25, 2008, 06:36 PM   #8  
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Quote:
Originally Posted by JudyKayTee
Certainly - if he was properly served and your papers are in order you will be granted an uncontested divorce with minimum proof. Some Courts won't take alcoholism as grounds (I'm not sure what words you used) and will change it to cruel and inhuman treatment or something similar. Depends on the State.

Never a good idea to represent yourself because of spousal support, division of property, but if you are determined to do so the Court will allow it.

(George's advice, by the way, was sound and not out of line. You posted, he answered. His profession has nothing to do with the quality of his advice on this issue.)


just trying to make sure ..cause there have been many years of habitual drug & alcohol abuse. the advice for representation is good if I could have done that but I can't ..thats why I had to do it myself. there was no disrepect meant by asking his profession just curious to know if the people here on this website are knowledable in the laws...because I happened to stumble upon this website. I really didn't know.

I have asked for spousal support.Also I did not answer yes to the questions about the addictions and now I'm wondering should I.. he acts as if he may try to give me a hard time.
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Old Mar 26, 2008, 05:06 AM   #9  
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Just curious: from where did you download your papers?
Some states recognize "no fault" divorce, meaning all you have to say under oath is that there is no hope for reconciliation; but beware such conduct as sleeping together after the divorce has been filed, in which case the divorce may be dismissed by your conduct. If you aren't in a no fault state, you may have to show evidence to sustain your burden of proof; you can testify about what you have seen, what you have done, what he has done, and what he has said. In order to be awarded spousal support, you will have to show that you are financially dependent on his income; you should have your tax returns for the last couple of years and recent pay stubs. It will probably be to your advantage to amend the answers to the questions about the addictions.
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Old Mar 26, 2008, 05:31 AM   #10  
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Quote:
Originally Posted by George_1950
Just curious: from where did you download your papers?
Some states recognize "no fault" divorce, meaning all you have to say under oath is that there is no hope for reconciliation; but beware such conduct as sleeping together after the divorce has been filed, in which case the divorce may be dismissed by your conduct. If you aren't in a no fault state, you may have to show evidence to sustain your burden of proof; you can testify about what you have seen, what you have done, what he has done, and what he has said. In order to be awarded spousal support, you will have to show that you are financially dependent on his income; you should have your tax returns for the last couple of years and recent pay stubs. It will probably be to your advantage to amend the answers to the questions about the addictions.



from a free website in Atlanta Ga call ICANDOCS......no we have not sleep together & will
not thats not a problem for me. My husband is the sole provider and has been for 18 years
thanks for your answers & suggestions

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