How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask lwpat Your Own Question

lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience:  Practicing family law attorney
15417118
Type Your Family Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

I filed for divorce 10yrs ago but I never finalized it I have

Resolved Question:

I filed for divorce 10yrs ago but I never finalized it I have been seprarated for that long but we have help each other all the time. I had a daugter 8yrs ago that wasnt his but she loves him like her own dad. I have not seen anyone since her birth and became involved with church and I can not divorce. He wants a divorce because his family has talked him into it. He has not seen anyone either all these years. He is afraid that I will get half his assets I truthfully dont want anything of him. His family got an attorney for him and now she has filed a notice of motion(notice of hearing)for true default with no response and no written agreement and has sent me a letter stating that the hearing is mandatory and she will seek attorney fees. I do not wish to go to the hearing and be run thur the coals I have told my husband that he can get a divorce if he choses to I will not stop him. Do I have to be at the hearing for I am not contesting, I do not want anything from him and I do not want to bring up the awful past why I was seeking a divorce which he was not there for my oldest daughter and I. Thank you for your time.
Submitted: 4 years ago.
Category: Family Law
Expert:  lwpat replied 4 years ago.

There is no problem with an uncontested divorce and you would not have to be present. However you do not want to be charged with attorney fees. The best ting would be a marital settlement agreement that can be entered in the court. Here is the CA information on divorce.

 

http://www.courtinfo.ca.gov/selfhelp/family/divorce/

 

 

 

Customer: replied 4 years ago.

This sounds weird but my husband said he is embarrassed too because in this same court I have a an open child support case which was never settle and we both agree that if I dont have to be there that the judge will enter a default then he wil have the divorce papers drawn up and I would just sign them. He has agreed to pay all attorney fees just to get this mess cleared up and that his assets are protected he also doesnt want my little 8yr old to even no that he wants a divorce for she would feel extremly hurt. And our hearing is tomarrow and I did not receive paperwork in a timely manner it was l less than 2 weeks ago. thank you for your help.

 



Edited by directionsearch4u@yahoo.com on 3/1/2010 at 4:16 AM EST
Expert:  lwpat replied 4 years ago.
he will have the divorce papers drawn up and I would just sign them.

That is incorrect. In a default proceeding the judge finds in favor of the plaintiff and you have nothing to say about it. If he has asked for attorney fees and you do not reply and contest then the judge will award the fees. The simplest thing is for his attorney to draw up an agreement.
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience: Practicing family law attorney
lwpat and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
lwpat
lwpat
5450 Satisfied Customers
Practicing family law attorney