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I have received the latest attachment. I need to know was I…

Hello I have received the...
Hello I have received the latest attachment. I need to know was I to attend this? I didn't even know about the ruling until my BK attorney told me that the ex filed something with the bk court that the property has been ordered divided- It seems that the ex stated something that appear to be something new to me-
Could you review and give me a practical breakdown?
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Answered in 8 hours by:
9/22/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,810
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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There was nothing to attend. This hearing was back in January 2017 and the court just got around to ruling on the case saying the husband said the BK court was allowing a preliminary property division (the court does not just take the husband's word for it, the husband had to present the court something from the BK court saying that they could begin dividing marital property).

The order says the court finds no extraordinary circumstances, so all marital property will be divided equally.

The order then divides all the marital property beginning on Page 3. The house, the wife is to take a loan if she wants to keep the property and she is to pay husband 1/2 of the equity in the home and the order explains how that is to occur.

The order also divides the personal property.

So, the court is just getting to the point where they are splitting up the marital property and issued the order 9 months after they heard the case.

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Customer reply replied 10 months ago
Ok I saw on the 1st page I did not file a response to the ruling what does that mean? Actually I let one of the J.A. experts view the ruling that was from the ex''s attorney asking her to rule on this and I asked was there anything I should do. The expert said no.
Also I want to file something a motion to vacate or set aside is this when I do this now?

Thank you for your reply.

You should have replied in July 2017 when he asked the court to divide the property, but the court really did not divide the property unfairly, they divided it equally and said they would be dividing it equally. You should have replied if there was some property that you wanted that went to the ex, but otherwise a response was not necessary to their motion asking the court to split the property up.

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Customer reply replied 10 months ago
this is all too confusing I'm in a bankruptcy so is there something that I can put into this divorce court to let them know that since I'm Pro Se how would I know if I was supposed to respond?
Each answer I received in these past 6 months from attorneys were to tell me that there was nothing I could do until she made her final ruling and that was 2 weeks ago so I'm asking you now she made the final ruling can I do a motion to vacate or put aside based on fraud or misconduct and there are numerous reasons why I want this set aside
I have spent nearly ,$4,500 in the past 7 months talking to attorneys and they told me the same thing not until she makes her final ruling and now it's done so now does my 15 , 30 day clock start that's what I asked before

Thank you for your reply.

Unfortunately, when someone represents themselves pro se, they are not allowed to use the excuse that they did not know the law, they are tasked to inform themselves by reading the rules of civil procedure, rules of evidence and rules of court.

The answers you received were not incorrect. So now you have a final ruling, you can file a motion to vacate the final order based on fraud together with a notice of appeal and if the court refuses to vacate the order then you need to file an appeal to the appeals court and for that you will have to get a local attorney to represent you in the appeals court.

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Customer reply replied 10 months ago
I don't think that warranty $4,500 take it from me by attorneys and actually the last attorney is the one who told me he charged me $2,500 just to tell me that so I suppose I take that up with the bar correct because to attorneys told me that night Windows had passed and then the last attorney charge me $2,000 just to tell me my window didn't pass when all he had to do was take $100 from me and to tell me that and I know Pro se about being pro se is no excuse but what about those people who don't have any money and you go and you ask to get help and they tell you you make too much money and you are paying bills and if I could afford them I would not doesn't make any sense how are you filing bankruptcy and divorce at the same time something smelly is is going on here
Being processed like you a criminal and a family court it's a darn shame
Customer reply replied 10 months ago
Please forgive expert I was just saying that being pro se it seems like you're being treated like a criminal in a family court thank you so much

Thank you for your reply.

Unfortunately, pro se litigants are treated that way in court, but like any other venture you undertake the court does expect you to learn about what you are doing before you do it. When you pay for an attorney, you are paying for all of their legal knowledge and time and as you are finding out what they know and do is not so simple that just anyone can do it.

I also understand people cannot afford attorneys and there is also a shortage of pro bono (free) or low cost legal services. However, legal aid and the state bar still provide some services to people who cannot afford attorneys and that is one recourse.

The services we provide on this site are very limited based on our lack of ability to get sufficient information to give more than general responses to customer questions and we cannot do what your local attorney can do in person by state law.

At this point you will need to move to vacate the order and provide proof to the court of the fraud in order for them to consider doing so.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 10 months ago
Thank you expert one last thing since it really went down how long do I have in which to you do a motion the day be in the I didn't I never even got anything in the mail I was alerted by my bankruptcy attorney about this

Thank you for your reply.

You have 10 days to file a motion to vacate and notice of appeal and 30 days to file an appeal. If you are going to do this, please get a copy of your state rules of civil procedure and rules of evidence so you can use them to refer to.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,810
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 10 months ago
Ok thank you

Thank you.

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