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carriesyl · Sep 28, 2005, 12:03 PM

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!!

fredg · Oct 5, 2005, 05:59 AM

Hi,
You need a lawyer. Courts are set up for lawyers, not common people doing their own thing!
Get a lawyer, and do it right the first time.
Best of luck,
fredg

Chery · Oct 5, 2005, 01:14 PM

http://www.mywebsearch.com/jsp/AJmai...e+legal+aid%27 check this link. In there somewhere was a free legal advice site and let you ask one question per month. You can maybe also find a site where they have 'divorce' or 'legal divorce forms' online to fill out. But as suggested, since you are short of time, see your lawyer. Good Luck.

carriesyl · Oct 18, 2005, 01:04 PM

Thanks to both of you. I know I need a lawyer, I had a lawyer but my Ex is dragging this out and not paying his support. So now I can't afford a lawyer. I am still going to handle this pro se because although the courts were made for lawyers... I need it to work for me!

Chery · Oct 18, 2005, 02:08 PM

Since you have to take things in your own hands, I found some places that you can visit for advice and forms.:

http://www.tunu.com/sear/l/e/legal_form.html

http://www.mywebsearch.com/jsp/AJmai...ZN&tpr=jrel3&t=

http://www.freedivorcehelp.com/

Good luck, hope you can find what you need to file in time.

mr.yet · Oct 18, 2005, 04:36 PM

Originally Posted by carriesyl

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!!!

GENERAL LAWS OF MASSACHUSETTS
PART .
REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

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TITLE III.
DOMESTIC RELATIONS

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CHAPTER 208. DIVORCE

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LIBELS FOR DIVORCE
Chapter 208: Section 21 Divorce judgments; entry

Section 21. Judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from the entry thereof, unless the court within said period, for sufficient cause, upon application of any party to the action, otherwise orders. After the entry of a judgment nisi, the action shall not be dismissed or discontinued on motion of either party except upon such terms, if any, as the court may order after notice to the other party and a hearing, unless there has been filed with the court a memorandum signed by both parties, wherein they agree to such disposition of the action.

judgment nisi---definition--A provisional judgmentthat , while not final or absolute, may become fnal on a party's motion.

File motion for absolute divorce.

Hope this helps.

mr.yet · Oct 18, 2005, 04:43 PM

http://www.lawlib.state.ma.us/civrules.html

carriesyl · Oct 21, 2005, 07:04 AM

Thanks everyone! I am going to check out some of those sites. I did file my own vacate motion, which looked lovely to me! But I'm sure if a lawyer looked at it they would cringe. I used a nice template wizard in Word which set up the layout and I just followed some old motions to decide how it should be written. Things have changed slightly since my original posting.

Soon it won't matter because my Ex won't pay his support I am losing the house so he will have nothing left to fight for... a blessing in disguise... its not like he is fighting for the kids or more visitation, etc... just money from the house!

Got to say the system is working against the Woman in this situation, but it will all work out in the end! 4 yrs is enough... I just want to be divorced! ;)

Chery · Oct 21, 2005, 09:30 AM

I did the same, just wanted child support until our daughter was 18, but he intentionally lost his job and moved to another state, and the 'law' could do nothing about it. But I raised my kid just fine without him and had a good job, and better life. So, Good Luck to you and the kids. Wish you all the best for your new start.

carriesyl · Oct 21, 2005, 12:21 PM

Thanks Chery - I know already how much better off I am without him. The very minute he left the house I could feel my entire being breathe a sigh of relief! I'll post back after the 11/17 pre-trial and let you know how it went!

Thanks for the kind words though.

Chery · Oct 21, 2005, 07:36 PM

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..

slippydippydo · Oct 22, 2005, 09:13 PM

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.

Chery · Oct 22, 2005, 09:17 PM

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.

carriesyl · Oct 23, 2005, 07:40 AM

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! :)

Chery · Oct 23, 2005, 10:05 AM

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 through this.