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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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I filed for divorce 10yrs ago but I never finalized it I have

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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.

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.




Customer: replied 7 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 [email protected] on 3/1/2010 at 4:16 AM EST
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.
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