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#181078 - 09/14/07 02:03 PM Re: Messy divorce [Re: HevnMaidMe]
Newton Offline
Member

Registered: 04/21/07
Posts: 8
Well I got the divorce granted on August 30th. She was in jail all summer long and got out 2 weeks before the 90 days was up since she was served so I could go down to the courthouse and get it granted. We did the divorce by publication, served her in jail and my lawyer went down to the jail to see if she would sign a waiver like she said she would(she didn't). Now after a week she has filed a motion for "MOTION TO VACATE OR IN THE ALTERNATIVE MOTION FOR NEW TRIAL". My lawyer says we should not have a problem but it just scares the crap out of me to think this could start all over again.

BTW
I got sole custody of the kids and she has supervised visitaion.

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#181079 - 09/14/07 02:28 PM Re: Messy divorce [Re: Newton]
HevnMaidMe Offline
Superstar
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Registered: 12/03/04
Posts: 4058
Congratulations on obtaining sole custody and the divorce. She was both served and visited at the jail by your lawyer. I'm not certain what she intends to use as her reason to ask for the divorce to be vacated, but she definitely cannot say she was in the dark about all this.

Your lawyer is probably correct. Keeping fingers crossed for you and yours. Keep us posted.
_________________________
When you know better, you do better -- Maya Angelou

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#181744 - 09/27/07 09:15 PM Re: Messy divorce [Re: HevnMaidMe]
Newton Offline
Member

Registered: 04/21/07
Posts: 8
On her Motion she had 3 points.
1. That I filed the petition after she was in jail. I filed on April 11th, she went to jail on May 28th.
2 The "Divorce By Publication is a fraud" because I knew where she was when I filed it. My lawyer filed it on May 24th and she went to jail on May 28th.
3. That I knew where she was because I had lunch with her the day before the divorce was granted. To me this is here say but I did go to lunch with her the day after the divorce was granted.

Seems like to me that her lawyer just took her money because from what it looks like she has no chance and he should have known it if he would have done his homework. All 3 points are not true and if that is what the judge is going to look at then.....

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