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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33937
Experience:  Began practicing Family Law in 1992
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Question divorce, Wyoming, Yes. My husband filed. I received

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Question divorce
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Wyoming
JA: Has anything been filed or reported?
Customer: Yes. My husband filed. I received the summons. But did not respond. What happens now. Am I screwed?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I guess just want to know what happens now since I did not respond. Can he take the kids from me?

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Before we get started on the question I just wanted to let you know that I broke my right arm last week so some of my answers may be shorter than normal, but still complete, and there may be typos or other small issues. It also takes me a little longer to hunt-and-peck using just my left hand so please bear with me.

Customer: replied 4 months ago.
Ok no problem

On what date were you served?

Customer: replied 4 months ago.
Looking just a sec
Customer: replied 4 months ago.
March 7

Usually a failure to file a response results in a default judgement which grants the other person everything they requested. If they haven't had a final hearing then you may still be able to file a response but that depends on the judge. Do you know if there has been a final hearing in the case yet?

Customer: replied 4 months ago.
I am OK with getting divorced. In the complaint it says planriff prays for judgment as follows:
Absolute divorce
Entry of order for joint legal care, custody and control of minor child with defendant having primary physical custody subject to normal visitation
For entry of an order establishing child support
Entry of an order to divide personal property
Such other deemed reasonable
Customer: replied 4 months ago.
I am OK with it but there are no details on custody, child support, etc. When does that get sorted out. Or since I did not respond he can do whatever he wants now and give me nothing?

Technically, if he is going to ask for something that wasn't in the petition, such as full custody, they should have reserved you to let you know. But, unfortunately, most judges do not check the pleadings. The best thing to do is to contact the court to see if a final order has been entered. The final order will contain the specific terms of custody, visitation, and child support.

You can contact your ex and ask them to send you the orders so you can sign-off on them.

Customer: replied 4 months ago.
I Dont understand. I never saw anything that spelled out any details. How can they approve of something if I have not seen it?

When you failed to file a response you were, in effect, telling the court that whatever order they entered was fine by you. If you had an objection you were suppose to file a response. If you had filed a response you would have been notified of the hearings or the intended entry of any order.

Customer: replied 4 months ago.
I believe that he has changed some the things we had initially agreed on. Like the custody arrangements. How can I stop this? What do I need to prevent him from changing things we agreed on.

It depends on what stage the case is at. Do you know whether a final order has been filed?

Customer: replied 4 months ago.
I Dont know. How do I find out?

Contact the Clerk of Courts for the where the case was filed and find out the last documents filed. Or you can hire a lawyer to handle it all and they will look at it, determine the stage it is at, and what, if anything, has to be filed.

If a final decree has been entered, which is different than what you thought, you only have 30 days to contest the judgement. After the 30 day mark has passed it becomes much more difficult to change the order.

Customer: replied 4 months ago.
After 30 days what makes it more difficult?

Because you can no longer do a Motion for New Trial or an appeal so you have to start over by proving conditions have changed since the entry of the prior order. That is just one example but it is considerably more difficult.

Customer: replied 4 months ago.
What Are the time frames? If I was served the complaint march 7 do you think there is still time?

Really to know where you are at now is to know what was the last document filed in court. Because at that point you will know whether you can try to file a response or if you have to go to another type of action. With it being now 3 months old, a final order may have been entered.

Customer: replied 4 months ago.
I Dont think so since he has not told me we are divorced and he is not paying child support

You are probably right but there is no way to know for sure without looking through the court's file. You don't want to spend your time trying to file a response and end up missing a deadline for filing a motion for new trial or appeal.

Customer: replied 4 months ago.
Ok. Do they post the status on line? So I can check today?

You can check online but there is no guarantee it will be accurate. Some clerks are a week or more behind in posting while others will be accurate to the day.

Customer: replied 4 months ago.
Ok thank you. I think that is all the questions I have. I have an appt with a lawyer Tuesday.
Customer: replied 4 months ago.
I hope he can help. Thank you very much.

Once you have an idea on the dates of everything you'll likely be in good shape.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Customer: replied 4 months ago.
Ok. Thanks again.

You're very welcome.

JD 1992 and 3 other Family Law Specialists are ready to help you