Help guys, anyone who knows about divorce

[smokethedays]

Agreed on divorce with the wife, no kids, no assets, no joint bank stuff, no anything. seriously.
So I filed in California as following:
1- filled out the summons and filed it with a $320
2- Got my wife served through a friend.
3- NOW WHAT?!!! the clerck won't tell me what should be my next step. She keep saying that it is illegal for her to "advise" me
So can any one help guys, thanx

[facile]

you should have read this thread before you filed post http://forums.steroid.com/showthread.php?t=339861

some good ideas, but seriously good luck I am not certain what the laws are like in cali, I used a mediator in mine saved a little $$$$.

[BWhitaker]

The states laws on procedure will govern so i will just speak generally.

Usually, after one is served they have a certain amount of time to serve a responsive pleading, usually an answer, to your complaint. Therefore, she must move next. If she fails to, then the clerk MUST enter default. However, after the allotted time period for her to answer has expired, you must bring it to the clerks attention. By entering default, it will been she as admitted everything in your pleading.

However, I would advise you to at least go to a local law library and research the procedure code in california (though you can also do it from home, the librarians should be willing to help).

[smokethedays]

The states laws on procedure will govern so i will just speak generally.

Usually, after one is served they have a certain amount of time to serve a responsive pleading, usually an answer, to your complaint. Therefore, she must move next. If she fails to, then the clerk MUST enter default. However, after the allotted time period for her to answer has expired, you must bring it to the clerks attention. By entering default, it will been she as admitted everything in your pleading.

However, I would advise you to at least go to a local law library and research the procedure code in california (though you can also do it from home, the librarians should be willing to help).

shouldn't she had recieved anything from the court beside the serving docs. or that's it?
thnx for the help brother.

[Diary of a Mad-man]

Agreed on divorce with the wife, no kids, no assets, no joint bank stuff, no anything. seriously.
So I filed in California as following:
1- filled out the summons and filed it with a $320
2- Got my wife served through a friend.
3- NOW WHAT?!!! the clerck won't tell me what should be my next step. She keep saying that it is illegal for her to "advise" me
So can any one help guys, thanx

I have a little experience. I have a child and a condo that was new at the time. I just got a lawyer on retainer, and he kind of did everything for me. This was all in 2001.

You were smart if you acted first. I do remember that. She served me first even though we were both about to murder each other. Seemed to hurt me in the long run. I should have had that c4nt served.

Divorce is expensive. Pay a lawyer with a credit card so you wont have to stress as much. Yours will be cheap. $500- $1000. I am a broke bitch, but $1000 is cheap in this department.

Anywho, the lawyer just made a few appointments with me and asked me questions. God I hate that bitch.

Finally, a judge will ask you and your soon to be x-wife, "which one of you has a penis?". He will then **** over which ever one of you says so financially, custodially, and all kinds of adverbs that describe the legal system raping the men who adopt the modern day female. Yes, marriage is nothing more than adopting a teenage daughter that gets all of your shit and has you thrown in jail for attacking you.

Any ladies out there want a piece of this? I dont have any issues with women or anything.

[BWhitaker]

The serviced papers are what she would recieve. She can always request another copy. However, by being served, you are not notified that you must respond, and this puts the ball in her court. I believe a court date will be set after she responds.

Seriously though, double check anything I say. Lets just say I am wrong, and the ball is, in fact, in your court, then failing to respond can have grave consequences.

[Tock]

If you don't know what to do, you really need to get a lawyer, 'cause if you don't do this right, it will come back to haunt you big time.

[im83931]

You really need a lawyer bro. If you dont want to then just remember the court is biased towards women. You have more risk of getting screwed than she does.

[Tri26]

I can help you out with a few questions. I am not a lawyer but unforturnately i ahve a bit of experience. I think your question is what next after you have filed. Answer. If you are the one that filed you are the petitioner, her being the respondent. After that, the respondent has thirty days to file a response. If she agrees to everything then you are good to go and the divorce will be final 6 months after she signs the paperwork. If she does not agree then

[Tri26]

sorry didnt finish. If she doesnt agree then refer to the above statement about getting man raped.

[BWhitaker]

I can help you out with a few questions. I am not a lawyer but unforturnately i ahve a bit of experience. I think your question is what next after you have filed. Answer. If you are the one that filed you are the petitioner, her being the respondent. After that, the respondent has thirty days to file a response. If she agrees to everything then you are good to go and the divorce will be final 6 months after she signs the paperwork. If she does not agree then

30 days is going to be jurisdictionally dependend. For example, many states adopt the Federal Rules of Civil Procedure, and this allows for 20 days after serving to file her responsive pleading. It may be 30 days in Cali, but just make sure. You should find out what the time is because if she fails to answer in the specified time, you should instruct the Clerk to file default on her behalf.

[qualityclrk1]

I have a little experience. I have a child and a condo that was new at the time. I just got a lawyer on retainer, and he kind of did everything for me. This was all in 2001.

You were smart if you acted first. I do remember that. She served me first even though we were both about to murder each other. Seemed to hurt me in the long run. I should have had that c4nt served.

Divorce is expensive. Pay a lawyer with a credit card so you wont have to stress as much. Yours will be cheap. $500- $1000. I am a broke bitch, but $1000 is cheap in this department.

Anywho, the lawyer just made a few appointments with me and asked me questions. God I hate that bitch.

Finally, a judge will ask you and your soon to be x-wife, "which one of you has a penis?". He will then **** over which ever one of you says so financially, custodially, and all kinds of adverbs that describe the legal system raping the men who adopt the modern day female. Yes, marriage is nothing more than adopting a teenage daughter that gets all of your shit and has you thrown in jail for attacking you.

Any ladies out there want a piece of this? I dont have any issues with women or anything.

somebody get this guy some help

[bigt10]

whoa getting married can suck.

so you have no kids, no joint bank stuff, not sharting mortgage, cars anything and you have to pay to leave her.

i dont know jack all about this but somoene please correct me that doesnt sound right.

from what i understand 2 "married" individuals living together that all pay their own expenses nothing on paper anyhow and no children have to go through all this hassle and paying lawyers.

i dont see whats wrong just split ways and leave? there is nothing to settle, no money, no kids. im lost

[BWhitaker]

whoa getting married can suck.

so you have no kids, no joint bank stuff, not sharting mortgage, cars anything and you have to pay to leave her.

i dont know jack all about this but somoene please correct me that doesnt sound right.

from what i understand 2 "married" individuals living together that all pay their own expenses nothing on paper anyhow and no children have to go through all this hassle and paying lawyers.

i dont see whats wrong just split ways and leave? there is nothing to settle, no money, no kids. im lost

Still have to file for divorce. Right now, he does not really need a lawyer as long as he can make sure it is her turn to move. If her responsive pleading (to the served complaint) denies what he says, then he should get someone because now we will be heading to some sort of litigation/dispute resolution. However, if she either fails to respond in time, or essentially agrees with the divorce pleading's claims, then it will most likely end with that, be final in an alloted time, and only have to pay court fees

[smokethedays]

Still have to file for divorce. Right now, he does not really need a lawyer as long as he can make sure it is her turn to move. If her responsive pleading (to the served complaint) denies what he says, then he should get someone because now we will be heading to some sort of litigation/dispute resolution. However, if she either fails to respond in time, or essentially agrees with the divorce pleading's claims, then it will most likely end with that, be final in an alloted time, and only have to pay court fees

I really appreciate all of your help guys, but something that i didnot make clear is that we are divorcing in good terms, no drama. so we are just trying to get it done. thanks guys.

[BWhitaker]

I really appreciate all of your help guys, but something that i didnot make clear is that we are divorcing in good terms, no drama. so we are just trying to get it done. thanks guys.

Then I imagine she will agree with your pleading (or fail to respond) and that will be that. Good to hear - at least as far as divorce is concerned.

[smokethedays]

so now after i had her served i should just wait?

[BWhitaker]

so now after i had her served i should just wait?

Yeah thats the rule...but like I said, you should check with the law library, etc to make sure that is the correct procedure in your state.