More details to this question:
My husband and I have been married for 17 years and we have 2 children, a 13 year old and 17 year old. We have been separated for about 3 years off and on. Well, after deciding to divorce on irreconcilable differences, we agreed on everything else accept for retirement. He didn't feel that I was entitiled. So I didn't sign the paperwork because I felt like after 17 years I was entitled. So he decided to mail me a copy of the paper. Well I didn't pick them up from the post 0ffice and they were returned. So now today I received a notice from the court, that the cause was submitted to the court on the plantiff complaint for divorce, there being no service perfected on said date nor subsequent there to, the court is of the opinion the following order should be entered. Accordingly, it is ordered and adjudged by the court the service shall be perfected on or before 12:00 pm on the 26th of October or said cause shall be dismissed without further order of the court. I would like to know if this is a default judgement or the beginning of one. He knows I don't have the money to afford a divorce lawyer, so I think he is trying to do this behind closed doors in order to prevent me from getting any of his retirement.
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It is not a default divorce or the beginning of it. It's an order telling him he has to have you served with the divorce petition by the deadline specified in the order or the case will be dismissed. If you want a divorce, you should file an answer to the divorce petition and ask for a hearing, then SHOW UP for the hearing and tell the judge you think you're entitled to a share of retirement benefits earned during the marriage. You're right that you are entitled to your portion of anything accumulated during the marriage, including retirement benefits. If you're keeping the kids, you're also entitled to child support in accordance with guidelines, and without legal advice you have no way of knowing whether you're entitled to more (or less) than you've agreed to. You really need a lawyer. Have you tried calling legal aid or asked a lawyer about a time payment program or trying to get the judge to order your spouse to help pay your lawyer fees? Good luck.
Answered on Sep 28th, 2012 at 12:05 AM