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  #676  
Old 07-19-2012, 09:30 PM
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I also forgot to mention he sent his soon to be ex's attorney a notarized letter almost 3 weeks ago, asking for everything he needed to get this process going and she has yet to respond to his notarized letter! Its so annoying! She is not serving her client very well, her client paid her to get her divorced and she isn't doing what she was paid for!
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  #677  
Old 07-19-2012, 10:11 PM
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He can file his own petition, but it might be easier to just go to the county where the original petition was filed. You can take the case number and have the file opened, and copy whatever was filed.

If there was an actual Petition for Dissolution filed, then it'd be in that file. He's now well passed the answering deadline, so every claim made in that petition is admitted. That should have triggered a court hearing (he did not have to attend, btw) and a divorce decree was probably entered. that should also be in the Dissolution file. You can get a copy of that, and pay a couple of bucks to certify it by the Clerk of Court, and that would be a finalized divorce.

If there's no petition in the file, then he should start his own process, and he's actually back at square one.
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  #678  
Old 07-19-2012, 10:14 PM
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Quote:
Originally Posted by yourself View Post
He can file his own petition, but it might be easier to just go to the county where the original petition was filed. You can take the case number and have the file opened, and copy whatever was filed.

If there was an actual Petition for Dissolution filed, then it'd be in that file. He's now well passed the answering deadline, so every claim made in that petition is admitted. That should have triggered a court hearing (he did not have to attend, btw) and a divorce decree was probably entered. that should also be in the Dissolution file. You can get a copy of that, and pay a couple of bucks to certify it by the Clerk of Court, and that would be a finalized divorce.

If there's no petition in the file, then he should start his own process, and he's actually back at square one.
yeah we know we are way past any answering deadlines! So I guess Im making a trip to McCracken County! I guess ill do it on a day next week that I can stop on the way back and have my visit with him too! Kill 2 birds with one stone!

Thanks so much, you've given me more information that anyone else!
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  #679  
Old 07-19-2012, 10:17 PM
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Quote:
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He can file his own petition, but it might be easier to just go to the county where the original petition was filed. You can take the case number and have the file opened, and copy whatever was filed.

If there was an actual Petition for Dissolution filed, then it'd be in that file. He's now well passed the answering deadline, so every claim made in that petition is admitted. That should have triggered a court hearing (he did not have to attend, btw) and a divorce decree was probably entered. that should also be in the Dissolution file. You can get a copy of that, and pay a couple of bucks to certify it by the Clerk of Court, and that would be a finalized divorce.

If there's no petition in the file, then he should start his own process, and he's actually back at square one.
To be honest there isn't anything on the Kentucky site other than a divorce was filed, no updates on it or anything! So if Im reading what your saying if there is a divorce decree entered and I pay to have it certified this would make that decree finalized and he will be divorced? Im not sure if Im reading that right! Sorry! lol
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  #680  
Old 07-27-2012, 09:41 PM
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Question Help!! need a form for my fiance's divorce default hearing

My fiance has filed his divorce and will soon schedule his default hearing but since he is incarcerated until Dec he needs a form....request for telephonic default hearing. I am homeless with no income so I cannot PAY to get this form. Where can I get it. The guy at the court I talked to said he was emailing it to me RIGHT NOW....but I NEVER got it. Anyone know how I can get this form??? Maricopa County in Arizona. Thanks!!
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  #681  
Old 07-27-2012, 10:26 PM
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I'm not finding anything about getting a request for a telephonic default hearing forum.

I found this
http://www.superiorcourt.maricopa.go.../pdf/gn61f.pdf

And this tells how and when to fill out the forum ^^^ there

http://www.superiorcourt.maricopa.go...df/drda60p.pdf

And this is the forum for motion for decree after the affidavit for default has been filed

http://www.superiorcourt.maricopa.go...pdf/drd68f.pdf

These are what Im finding but Im not finding what your posted above!

Not sure if any of these help ya, but its all I found!
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  #682  
Old 07-28-2012, 08:21 AM
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This link will take you from start to finish.

http://www.superiorcourt.maricopa.go...post/01_09.asp

To schedule a decree on demand

http://www.superiorcourt.maricopa.go...ortal.asp?a=06

Here's one for Motion/Affidavit Default Divorce without Court Hearing, if that will apply. Form DRDA62f

http://forms.justia.com/arizona/loca...out-11631.html

Hope all goes easy and well for you.
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  #683  
Old 07-28-2012, 10:11 AM
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That isn't what we need....he needs a form to attend his hearing via telephone because he is in PRISON in Yuma til Dec!! All the other stuff has been filed already. In 10 days I call and schedule the default hearing....the issue is simply that since he is 1) in prison and 2) over 200 miles from the court he will not be able to appear in person!! His ex did not respond to the subpeona delivered by the sheriff's office and that is why a DEFAULT hearing. The form is to request to "appear" over the phone. Very simple really and I cannot find that form on their website...I HAVE been there and looked!

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  #684  
Old 07-28-2012, 10:49 AM
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If there are no minor children involved in this matter you can seek a Default of Judgement through the mail and not have to appear in court in Maricopa County. You can find information this booklet along with the form here http://www.superiorcourt.maricopa.gov/sscDocs/packets/drd6.pdf
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Last edited by Patrickj; 07-28-2012 at 11:04 AM..
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  #685  
Old 07-28-2012, 11:01 AM
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I'd just write a simple motion requesting the relief you're seeking (i.e. to be allowed to appear via phone.) Talk with legal aid in your area and they can help walk you through it - cite the rule that allows you to appear by phone, lay out the facts that show you qualify to appear that way, and go from there. My jurisdictions - no form. I'd imagine if there's a form, it's a form for a motion to appear by telephone or some such.

Legal aid should be able to help you out. But, then, you're doing this for somebody incarcerated, meaning you're acting like an attorney, so be aware that you may face some liability or refusal to work with you because you are not an attorney but are representing somebody else (POA doesn't get you past all of this - he's quite capable of filing a similar motion pro se from prison)
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  #686  
Old 07-28-2012, 11:23 AM
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This is a Motion to hear Default WITHOUT Petitioner attending by person or phone. He submits this in lieu of attending period....

Here's the form for Motion/Affidavit Default Divorce without Court Hearing. Simply print from screen with a "click", send to inmate to sign (black pen), pre-address an envelope to the Court(stamp on it), then inmate signs and sends to Court himself. The Judge will see from the return address (Prison address stamp) where he's located. Very simple....

http://forms.justia.com/arizona/loca...out-11631.html

If he finds he, as Petitioner cannot answer "true" to all the questions, then he can write up a simple Motion for Relief to attend via phone and his counselor should be able to help him.

Like Yourself said, it needs to come from him to the Court.

Last edited by 4ever love; 07-28-2012 at 11:33 AM..
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  #687  
Old 07-28-2012, 03:34 PM
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Thank you soooo much!! All I needed was the link or place to lay hands on the form!!! God bless you!!

1 Corinthians 1:25-29
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  #688  
Old 07-28-2012, 05:17 PM
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you might want to actually pay attention to what people are saying about not acting as his lawyer - the Unauthorized Practice of Law is a serious problem. The Arizona Bar has a nice list of cases dealing with it: http://www.azbar.org/lawyerconcerns/...ers/uplactions

Apparently, they use contempt of court to actually jail or fine people engaged in UPL who refuse to stop. This would be one of the lighter methods of penalizing UPL I've seen.

But, it is real. And anything you file will be treated as if it didn't exist in a best case scenario.

A Power of Attorney does NOT make a person an actual attorney. In cases where the person is competent to act on his own behalf (such as filing paperwork and certifying paperwork), he's not incompetent just because he's in prison.
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  #689  
Old 07-28-2012, 06:40 PM
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The court told me to get the form for him and mail it to him. Please explain how that has ANYTHING to do with playing a "lawyer"???
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  #690  
Old 07-28-2012, 06:46 PM
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And again....the divorce is already filed. ALL he needs is the request to be CALLED on the phone for the hearing.....cause he CANNOT be at the courthouse!! WOW!! I seriously don't know why it is so difficult to make that understood. They will NOT drive him from Yuma to Phoenix to attend his default hearing....!!! I am seriously confused why no one is getting he already FILED the paperwork....just needs it okayed by form that he attend via telephone. I will NOT be anywhere in this process!!! His CO III will NOT call and set up his default hearing etc.... If assisting him at all is the problem I will tell him I CANNOT help him or go to prison myself... Ok?? So this is what this country has come to...doing good deeds ends you up in prison???? WOW!! Yeah...I am VERY frustrated. I am an INTELLIGENT person but seems I am speaking chinese in japan or something??? Thanks for your help and advice. I will pass it on to him.
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  #691  
Old 07-28-2012, 06:55 PM
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By the way, I have not filed ANY paperwork for him, nor will I. He has done all from prison but has no access to the forms that request that he as an incarcerated person can "attend" his own default hearing over the phone. Maybe that makes it all clearer. I am NOT filing his divorce or any such thing. He asked me to find out when his default hearing will be....they said there is a 10 day wait from when the paperwork is filed with the court then he can call and set up his default hearing and since he is INCARCERATED he needs also to fill out (if he ever gets is) some form requesting a telephone hearing. So...Yourself....I have not filed anything out, have not delivered forms or anything to the court, etc. Simply called asking questions on his behalf since the prison will not allow him to call apparently. He is indigent so has applied for the temporary wavier of fees, etc. Cannot PM Yourself as she has that function blocked. I am NOT a lawyer, am not trying to act as one PERIOD. I do NOT know AZ law at all as a new resident to this state. This is WHY I have asked for help.... :smile:
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Old 07-28-2012, 07:00 PM
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U don't really need an attitude... They understand what ur saying but also making it clear to u that ANY legal help can get u in trouble because ur not a lawyer and don't know what ur doing ... They are just looking out for u.... IJS
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  #693  
Old 07-28-2012, 07:01 PM
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Yourself....I will tell him what you said and call the Maricopa Superior Court again Monday and ask what the name of that form is or if he can't just write a statement as you said requesting a hearing via telephone. Perhaps I AM the one who misunderstood you. If so, I sincerely apologize and thank you for your advice.
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Old 07-28-2012, 07:04 PM
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If I understood why I cannot get my point across I wouldn't be frustrated. Easy to judge others. Well....I think I am done with this site where an honest person who simply asks for help is condemned. Thanks anyway. We will finish this ride solo. God bless. Thank your homeless American veterans like myself for giving our lives so you can judge and condemn us.
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  #695  
Old 07-28-2012, 08:09 PM
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Msgreenthumb67:

Please follow #7 in this post from me and you will be just fine. You can help him as his personal assistant and can download, fill-in, print any legal forms he needs. You can address the envelope and put a stamp on it. No worries at all.....Tell him to sign in black pen (Most Courts require). You can even send him two identical forms asking him to sign both. One he sends directly to the Court and the other he sends to you. (Two reasons: 1. No copy machine and 2. if something happens to the one he sends in, you can, as his personal assistant file the form for him at the Courthouse)

Now I'm going to tell you an inside secret. When the Judge sees the return address (prison stamp address), he most likely will grant the Motion (in my #7 post) without second thought seeing proof he's locked up. So this is by far the best route.

Any person can go into a Courthouse and file documents. Out here, we need to bring the original and at least two copies; one of which is stamped filed and given back to the person filing it.

What's cool about sending it from prison is pursuant to Houston v. Lack (U.S.) and Silverbrand vs. County of Los Angeles (CA) the Motion is deemed filed! on the date it was handed to correctional staff for mailing to the courts ("Prison Mailbox Rule") No worries about a file stamp or copies!!

Hang in there girl! All this can get so frustrating.

THANK YOU VERY MUCH FOR SERVING OUR COUNTRY. BLESSINGS....

Last edited by 4ever love; 07-28-2012 at 08:10 PM..
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  #696  
Old 07-28-2012, 08:32 PM
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Who is judging ... EVERYONe was trying to make sure u understood how this works.. I personally stay far away from anything legal and court wise with my own husband let alone anyone else... The posters just wanted u aware of issues that can come up....
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  #697  
Old 07-29-2012, 08:13 AM
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Thank you VERY much 4everlove!! I appreciate your clear help. Arizona doesn't allow prestamped envelopes.....he has to buy them inside there. But I CAN print out a copy at the library and make copies here at the shelter and mail to him. We have time for all that before he has to set his default hearing date.

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Old 07-29-2012, 09:02 AM
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Awesome and your welcome. Will you do me a favor? Please give someone in the shelter less fortunate then us a great big hug for me. Thanks.
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Old 07-29-2012, 10:39 AM
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Quote:
Originally Posted by 4ever love View Post
Msgreenthumb67:

Please follow #7 in this post from me and you will be just fine. You can help him as his personal assistant and can download, fill-in, print any legal forms he needs. You can address the envelope and put a stamp on it. No worries at all.....Tell him to sign in black pen (Most Courts require). You can even send him two identical forms asking him to sign both. One he sends directly to the Court and the other he sends to you. (Two reasons: 1. No copy machine and 2. if something happens to the one he sends in, you can, as his personal assistant file the form for him at the Courthouse)

Now I'm going to tell you an inside secret. When the Judge sees the return address (prison stamp address), he most likely will grant the Motion (in my #7 post) without second thought seeing proof he's locked up. So this is by far the best route.

Any person can go into a Courthouse and file documents. Out here, we need to bring the original and at least two copies; one of which is stamped filed and given back to the person filing it.

What's cool about sending it from prison is pursuant to Houston v. Lack (U.S.) and Silverbrand vs. County of Los Angeles (CA) the Motion is deemed filed! on the date it was handed to correctional staff for mailing to the courts ("Prison Mailbox Rule") No worries about a file stamp or copies!!

Hang in there girl! All this can get so frustrating.

THANK YOU VERY MUCH FOR SERVING OUR COUNTRY. BLESSINGS....
Actually, he really should be the one filling it in. Hes the one liable for the contents, and that filling in may cause you trouble as well.

To add- he's not the only inmate going through a divorce, and certainly not the only person going through a divorce. Divorce cases are stacked up, waiting for paperwork, waiting for service, waiting for completion. For the OP and her LO, it is a significant part of their lives, but for the court, it's just paperwork and unless there's something really wrong or odd, it won't attract attention. Telephonic conferences are common enough that the request won't stand out if it's even required.
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Old 07-29-2012, 11:30 AM
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Quote:
Originally Posted by 4ever love View Post

http://forms.justia.com/arizona/loca...out-11631.html

If he finds he, as Petitioner cannot answer "true" to all the questions, then he can write up a simple Motion for Relief to attend via phone and his counselor should be able to help him.

You can help him as his personal assistant and can download, fill-in, print any legal forms he needs. You can address the envelope and put a stamp on it.
On this particular form, to clarify what "fill-in" means would be the case number on both pages. Without that, they many send back. I know with my incarcerated man, he had no clue what his case number's were! LOL
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