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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I am in the middle of a divorce, pro se, which I began. My

Resolved Question:

I am in the middle of a divorce, pro se, which I began. My ex is incarcerated and therefore entitled to a gal. I received a notice of hearing which states that it is to take and receive evidence and for consideration of entry of a final divorce decree, is this the final deposition? There is no gal assigned according to the court and i don't understand how we will proceed without one
Submitted: 5 years ago.
Category: Family Law
Expert:  Samuel II replied 5 years ago.

Samuel-II :

Hi

Samuel-II :

You filed, served your spouse? Correct? Was there an Answer or Response from the spouse after you served?

Customer:

yes and yes but the court did not officially accept his response since he did not sign it

Customer:

the only thing he is contesting is marital property

Samuel-II :

I see

Samuel-II :

Well, you can proceed without the GAL. If you have a Notice to attend a hearing, then be there.

Samuel-II :

The court may note his objections to the marital property. Or the Court may say where in the world is the GAL?

Customer:

i guess my question is that this would be the deposition for final divorce decree, yes?

Samuel-II :

It is also possible the GAL is going to there.

Customer:

I should be divorced by this afternoon?

Customer:

or at least once the final decree is entered

Samuel-II :

It is a hearing where you will request the final decree. Yes. Well, verbally yes. Divorced

Samuel-II :

But you need to wait for the Decree

Samuel-II :

to be signed. Yes

Customer:

ok, also, the final decree must be written and filed by me, correct?

Samuel-II :

You will present the Court with An Order of Final Divorce, yes

Customer:

how long do i have to file that after the hearing?

Samuel-II :

And yes filed with the clerk so the Judge can have it to sign

Samuel-II :

However long you need to take 30 days or so. But the sooner the better, as it will get signed quicker

Customer:

ok, thank you so much

Customer:

oh, btw

Samuel-II :

Yes. Good luck with your new life!

Samuel-II :

yes?

Customer:

will the judge proceed w/o a gal or i guess can he?

Samuel-II :

He can proceed without one, Yes. It will depend on whether it is on record that no GAL was requested or not

Customer:

ok, the x does have a poa can that person speak on his behalf w/o gal?

Samuel-II :

If there is a record of request and no GAL assigned, the court may say "wait a minute" we need to have the GAL

Customer:

ok, i made the motion for the gal

Samuel-II :

No. Not to the Court, unless the POA is an attorney

Customer:

no not atty

Samuel-II :

Well, the POA can execute documents on behalf of your spouse. But not speak in court for them

Customer:

k ty

Customer:

got to go get dressed for success now

Samuel-II :

You're welcome

Samuel-II :

Best to you

Samuel-II :

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Customer:

ty

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