QUESTION
What will happen on an equitable distribution hearing scheduled by my soon to be ex-husband on 12/17/12?
Asked on Dec 12th, 2012 on Divorce - California
More details to this question:
My husband filed for divorce last year. I have not signed any legal documents to this date. He was ordered to pay $222.00 per month in spousal support, which is the only income I receive, having lost my job this past May. My home is in foreclosure, my car repossessed plus utility services pending termination. I am 60 years old and was married for 36 years. I live alone. I am unable to retain an attorney with this short notice and furthermore cannot afford one. I have accessed every option having no luck. I have no transportation to the hearing for that particular day. Is it possible to have this postponed? I have no idea on to how to deal with this. Can you please respond ASAP due to the timely nature of this situation? Thank you.
5 ANSWERS
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You MUST attend this hearing, even if you have to take a bus or beg friends or relatives to take you. You do not want your only marital assets to be divided without your input. Be prepared with both of your Schedules of Assets and Debts, listing all assets and all debts. If you disagree with the value he places on certain assets, be prepared to show proof of their true value (Kelly Blue Book, internet research, sales of similar items, etc.). If you have any family or friends that could loan you money to get an attorney for you, it should be a priority, as it sounds as if these are your only assets going into your retirement. You can try to get the hearing continued to another day, but generally, if your case has been going for a year, the court wants to move this along, you may not be successful asking for any continuance. The court may be more likely to grant a continuance if you ask for it in order to obtain legal assistance, but be prepared to answer why you haven't gotten legal assistance in the last year, but think you will do so now.
Answered on Dec 14th, 2012 at 10:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Based on what you have said, he will probably get whatever he asks the court for. It is possible to get the case adjourned for good cause.
Answered on Dec 14th, 2012 at 12:02 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Your case requires immediate action and you should at least consult with an attorney. You must get to the hearing or you will lose everything. You may be entitled to permanent periodic alimony. Get a free consultation.
Answered on Dec 14th, 2012 at 12:02 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Monday? Yes in Ohio it is possible to get a postponement. Call the judge's office, explain you are a pro se litigant and ask for a continuance. Explain your circumstance (you will not talk with the judge). The judge may require you to fax a written motion for a continuance or even deliver it personally to the court clerk. Either do this or make sure you are there Monday morning. Also, call the Legal Aid Society. They may be able to help.
Answered on Dec 14th, 2012 at 12:01 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you do not show up you will lose. There may be some retirement to get. You can ask for a continuance but with budget cuts and you not filing anything so not participating in your case why should the court agree to a continuance. Go to court so you can see what's going on.
Answered on Dec 14th, 2012 at 11:55 AM