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RONB-ESQ
RONB-ESQ, Lawyer
Category: Family Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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I am trying to request a trial setting divorce. I have the

Customer Question

Hi. I am trying to request a trial setting for my divorce. I have the paperwork typed and ready to go. I know that I cannot mail the documents myself. My question is, when I get someone to mail them for me, they fill in their info, and then do I make a copy of that and take to the court to be filed? And mail a copy to the Respondent and keep on for myself? I just want to make sure I'm doing this right since I am representing myself.
JA: Thanks. Can you give me any more details about your issue?
Customer: My husband is contesting the divorce. I offered joint custody, he wants sole custody. He has not given me the declaration of disclosure of income. I submitted mine to his attorney months ago. He is stalling the process and he knows he can do this because I do not have an attorney. What can I do. I was told to request a trial conference.
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Submitted: 9 months ago.
Category: Family Law
Expert:  RONB-ESQ replied 9 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Expert:  RONB-ESQ replied 9 months ago.

Just to confirm you have filed some written appearance in the case correct? By that I mean that you either filed the initial petition for divorce or you filed an answer to the petition filed by your husband. You have the legal right to represent yourself in all matters so you don't have to get someone else to mail things to the Court. In most cases you would contact the Court coordinator in the Court your case is assigned to. You would ask if you could get a trial setting scheduled. In most cases you must provide 90 days notice so I would get a date out 100 or more so the other side can't claim did not obtain written notice in time. You would typically fill out a piece of paper with the heading just like the paperwork you got from his attorney (case number, party names, etc) then as the heading you would type in NOTICE OF TRIAL and then below that you would type in that after a request of trial date the Court confirms the following date is set for trial in this matter and you are hereby provided notice. I would include certification stating that on this _______ date a copy of this was sent to opposing counsel at the following address via CMRRR (Certified Mail Return Receipt Requested). Do read the Court's website because you may be required to schedule a pre trial conference where you and the other side appear and discuss what items still need to take place and the Judge then schedules a date or sends you to his coordinator. There are legal ramifications to getting a trial date set that you should review. You don't provide your state, but in some dates all discovery must be completed x days before trial along with mediation and other things so if you don't need any of those things then I would push forward on either requesting a trial date or pre trial scheduling order. You will likely both be required to attend mediation before the trial where a mediator will try and bring about settlement on all terms. Most courts require this and in many cases mediation does bring about a final settlement.

If you advise me as to what state you are in I may be able to direct you to some pro se resources assist

Ron

Expert:  RONB-ESQ replied 9 months ago.

If you have any questions or concerns about my response, please reply and let me know. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I receive credit for the time I spent answering your question. If for some reason you don’t feel you can provide me positive feedback please reply and give me the opportunity to clarify my answer before giving me negative feedback.

Regards, Ron

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