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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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ok, I put my divorce on hold...we agreed to postpone the final

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ok, I put my divorce on hold...we agreed to postpone the final judgment last May. Now, it looks like my husband is still involved with a woman he knew from highschool 25 years ago, he found her on Facebook. I have zero proof, just very suggestive e-mails.We have a pre-nup. What will happene if I re-open the divorce? Do I have to re-file (Rhode Island)?

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

Customer:

hello LL

LADY LAWYER :

Well hello! :) It depends on if the Petition has been dismissed or not. Usually after a year of no activity, the court will make its own motion to dismiss it. Since it has not yet been a year, it is probably still open. You should call the clerk of court and check on that. They can give you an answer right away.

LADY LAWYER :

If it is still open, you can move forward again.

LADY LAWYER :

If not, you will have to refile.

Customer:

I initially filed pro-se, then hired a lawyer to rep me at the nominal. I'm not sure I liked working with him, I'm wondering if, if the Petition has not been dismissed, what I would do to complete the process pro-se?

Customer:

sorry, "pro se"

LADY LAWYER :

Either way is fine.

LADY LAWYER :

You said you had a final settlement in order?

LADY LAWYER :

If so, you would file a Motion for Entry of Final Judgment.

Customer:

really, the only reason I'm dragging my feet is that as long as we are legally married, but separated, I can stay on his insurance, which is very good.

LADY LAWYER :

Once you file that, you schedule a hearing with the clerk and then they will send a notice to both parties.

LADY LAWYER :

I understand that. A lot of my clients do the same. Especially in this day and age.

Customer:

Problem is, becuase we are not legally separated, I still feel tied to a very bad situation...

LADY LAWYER :

I understand that too. It sounds like you may be ready to move on at this point.

Customer:

yes, I am. and it took many years to get here, to be sure without emotional reservations.

Customer:

I will call the court clerk tomorrow and check the status.

LADY LAWYER :

Great. If you have any questions after that, just feel free to come back to this post. I will help you at no additional charge.

Customer:

Thank you so much, LL.

Customer:

It was nice to talk to a woman on these points.

LADY LAWYER and 5 other Family Law Specialists are ready to help you