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geewizzamanda35 · Jul 12, 2008, 11:31 AM

I am in the 60 day waiting period to finaliza a divorce. My ex-wife is on probation and got arrested for shoplifting. She is most likely going to serve jail time. It was uncontested, so she is the one that hired the lawyer. Do I need to try to stop the papers from being processed now, or wait until after she is in jail and it is final to fight it? Since it was her lawyer, I'm not sure that I can go through him to stop it.

JudyKayTee · Jul 12, 2008, 11:42 AM

Originally Posted by geewizzamanda35

I am in the 60 day waiting period to finaliza a divorce. My ex-wife is on probation and got arrested for shoplifting. She is most likely going to serve jail time. It was uncontested, so she is the one that hired the lawyer. Do I need to try to stop the papers from being processed now, or wait until after she is in jail and it is final to fight it? Since it was her lawyer, I'm not sure that I can go through him to stop it.

If everything has been heard, all the decisions have been made and you are waiting out the waiting period, no, it doesn't matter that she's in jail. For that matter if you are simply waiting out a certain time frame in order to file, no, it doesn't matter where she is.

If she will be in jail and unable to attend a hearing, yes, it certainly does matter.

I don't know what you mean by "since it was her lawyer, I'm not sure that I can go through him to stop it." If she does have an Attorney - and apparently he does - he will handle things in the best way for her.

EDIT - I just noticed your other post contradicts this post. I'm going to let this stand based on what you have said here.

geewizzamanda35 · Jul 12, 2008, 11:49 AM

I did not hire a lawyer. Since it was uncontested she hired the lawyer. We have not been to court for any of it. In Mississippi, if the divorce is uncontested you can just file them without having a court appearance. You have to be separated for 60 days before the papers can actually be filed though. So nothing is final yet.

George_1950 · Jul 12, 2008, 12:20 PM

Originally Posted by geewizzamanda35

Since it was uncontested she hired the lawyer. We have not been to court for any of it. In Mississippi, if the divorce is uncontested you can just file them without having a court appearance....

I didn't understand the first post, but just want to add that I am unaware of anything moving through a court in which you don't make an appearance and offer some testimony. Based upon what you've said, my view is that her case will be dismissed if neither she nor her lawyer requests a contiunuance, or gets her appearance from jail. Some of that is determined by local custom and procedure.