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Family Forum / Marriage / Divorce / January 2006



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File? What county?  Yah! Oh no!

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Johnny88 - 27 Jan 2006 04:25 GMT
Well my STBX filed today...after 6 mos. of mediation etc. she "percieved" me
to need that kind fo motivation.  No worries though.  I'm ready.  She'll get
the same either way...except part of me wants to go for full custody of the
children vs. the shared parenting we have been doing...but the real reason
for my topic is this:

Prior to today there was no sep. agreement no filing, etc.  We were trying
for a dissolution and still may end up there.  In sounthern ohio we lived in
county A, sold house in county A STBX stayed in county A and I moved to
county B.  If the judge in county A has a history of hanging dad's out to
dry and dad moved to county B should lawyer have advised dad to file in
county B before STBX filed in scary county A?  That is, if I would be better
served by a judge in county B should I have filed there?  If I missed the
boat on this then just shoot me now!!!!!!!!  But for some reason I am
thinking that it (the county) applies to where you lived at the end of the
marraige AND where you initially physically seperated.

Help please....
Johnny88 - 27 Jan 2006 04:36 GMT
Oh and I forgot to ask - the sherif who was serving me left a reminder on my
door.  But I really don't feel like scamplering down to the courthouse to
get my filing...what happens if I delay it or blow it off?

BTW I have been driving 100% of the time of our shared parenting schedule
and I told my STBX she might want to get out of bed to pick up the kids for
school (a 1 hour RT) or they'd be going to court with me for a field trip to
learn about dad getting served...
NewMan - 27 Jan 2006 06:09 GMT
Oh grow up!!!!!!!!!

THis is NOT a problem that will "go away" if you ignor it.

You have a limited time in which to respond. I fyou fail to respond
after being served, then the court will assume that you do not wish to
contest her filing, and she will get everything she wants!

Get off you butt and get to a lawyer - NOW!!!!!!!!

And, yes, you blew it. If you had done ANY googling of this group at
all, you would have learned the the person who files first,
essentially, controls the process - including venue.

Now that she has filed, it will be heard where she files. Your only
hope would be to make a motion for a change of venue, but chances are
you wont get it even if you ask, You have no grounds for it.

Welcome to "Mortal Kombat". You better get a good man-friendly lawyer
and start fighting, or you wont even have a chance.

Now MOVE!!!!!!!!!!!

>Oh and I forgot to ask - the sherif who was serving me left a reminder on my
>door.  But I really don't feel like scamplering down to the courthouse to
[quoted text clipped - 4 lines]
>school (a 1 hour RT) or they'd be going to court with me for a field trip to
>learn about dad getting served...
Bill in Co. - 27 Jan 2006 06:11 GMT
> Oh grow up!!!!!!!!!
>
[quoted text clipped - 3 lines]
> after being served, then the court will assume that you do not wish to
> contest her filing, and she will get everything she wants!

!!! ROFLMAO !!!

Yet another sign of the times.....
Johnny88 - 27 Jan 2006 12:46 GMT
I have a lawyer and that's why I am troubled.  I think I may have had to
live in the county for three months which I have not to file here.  But if
my lawyer screwed up and didn't move on this filing and controlling then I
would think I may get a malpractice.  Yes?

> Oh grow up!!!!!!!!!
>
[quoted text clipped - 30 lines]
>>to
>>learn about dad getting served...
NewMan - 27 Jan 2006 16:01 GMT
>I have a lawyer and that's why I am troubled.

ROTFLMAO!!!!!!!!!!

Sorry, that just struck me as toooooo funny. :))))

There are many here who will sympathize precisely with that statement.

>  I think I may have had to
>live in the county for three months which I have not to file here.  

This is entirely possible.

>But if
>my lawyer screwed up and didn't move on this filing and controlling then I
>would think I may get a malpractice.  Yes?

Not a chance in hell. A GOOOOOODDDDDDD lawyer would have advised you
about this, and would have picked up on your residential status and
also advised you about possible course(s) of action and their
consequences.

Bottom line is that lawyers ultimately take instructions from clients.
If you had walked in and said "Get on this - NOW!", and then he failed
to do so, you MIGHT have an argument, but would likely get nothing but
trouble for your troubles in trying to call his or her lack of
inaction "malpractice". But this is, from what I understand, not what
happened. You probably walked in and said: "We need to talk about my
separation, and at some point in the future, my divorce". Well at $200
plus per hour, I am sure he was happy to sit and listen and take your
money. [sucker!]

One thing you should learn about lawyers - and right now -  is that,
like all humans, there are good and bad. There are those that are
looking to help clients, and there are those who are looking to help
themselves (to your wallet and bank account). There are those who
genuinely care (few and far between), and there are those who do not
give a flying fig (most).

If your current lawyer dropped the ball on this, then I would DO YOUR
HOMEWORK and hire another lawyer (a better one).

Remember that lawyers are just like other "professionals" such as
doctors and accountants. There are doctors that like to think that
they are in charge when it comes to your healthcare. Unfortunately, a
lot of people think that doctors are first cousins to God, and just
let them do whatever they want because the doctor is supposed to be
the expert and knows what he or she is doing, right?. But if the
doctor screws up, YOUR a.s suffers, not the doctors. Even if you sue
them for malpractice and win, all you get is money - you wont get the
damage un-done. You need to be pro-active in your treatment. To
understand options, and risks, and YOU need to make the decisions that
YOU feel are in your best interests! The doctor is there to provide
professional advice. If you go against his or her professional
opinion, they may not like it, but YOU made the decision - and
hopefully an informed decision. They are duty bound to either carry
out your instructions, or remove themselves from your treatment.
Period.

I love what Chris Rock said... "Why do they call what Doctors do
'practice'???? NO way! Let the Doctor 'practice' on a dummy! When he
workin' on ME I want him to KNOW what he is doin'!!!"

So it is with lawyers. Lawyers will run amok and run up HUGE bills if
you do not keep them in check. You need to be active in your defense.
It may cost a little more to pay the lawyer to explain options, but it
is well worth it. It keeps him or her honest. If they think you do not
know the difference, then they can rin amok. If they think that you
know and understand the situation, and are actively keeping an eye on
both results and billing, then they will have a tendancy to be a
little more careful with your case.

Remember one of my rules of divorce:

Cover your a.s! No one else will, not even your lawyer!

In the end, after the divorce is over, the bills are paid, and the
lawyer is long gone, YOU will remain - and what is left of your life.
YOU are responsible for how your new life will take shape. If you let
others have a free hand without exercising due dilligence, then you
desrve whatever you get (good or bad).

And here is the kicker, your life could still go into the dumper no
matter what you do! But at least if you do everything you can to
effect a positive outcome, then you will never be able to spend the
rest of your life looking back and thinking...

"Damn, if only I had been more involved...."

"If only I had gotten a better lawyer..."

"If only I had ________" (fill in the blank).

You get the picture.

SO, what's it gonna be???? Are you a winner, or a loser? You gonna get
in there and do your best, or are you going to just hand over the
controls and see what happened after the fact???

You life, your call. I sure know what I would be doing.

>> Oh grow up!!!!!!!!!
>>
[quoted text clipped - 30 lines]
>>>to
>>>learn about dad getting served...
Slarty - 27 Jan 2006 16:38 GMT
Wow, you hit that right on the head.
Random Stranger - 31 Jan 2006 00:21 GMT
> One thing you should learn about lawyers - and right now -  is that,
> like all humans, there are good and bad.

It's also rather sobering to realize that half of all lawyers are below
average.
Big RJ - 27 Jan 2006 18:51 GMT
Johnny,

This is completely my opinion but what the hell.

Don't worry about what county is better and all that good stuff.  Your bride
took care of that for you and filed in County A.

Get your paperwork in and talk with your attorney about any other issues you
might have.  Plan the rest of the game, don't look back on the dropped ball
earlier on.

Good luck.  Oh, and get your bride to do some of the driving for the kid(s)
if you can.

Big

>I have a lawyer and that's why I am troubled.  I think I may have had to
>live in the county for three months which I have not to file here.  But if
[quoted text clipped - 35 lines]
>>>to
>>>learn about dad getting served...
Johnny88 - 27 Jan 2006 21:38 GMT
Thanks for the tips peeps.  They are all right on.  I have more info and
will post it shortly so please stay tuned.

> Johnny,
>
[quoted text clipped - 53 lines]
>>>>trip to
>>>>learn about dad getting served...
 
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