Ex is going to jail

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    • #1847
      Archives
      Participant

      Without getting into too much detail, my ex is incarcerated for felony crimes he comitted after our HOC, which was well over a year ago. His trial is set for June. Since it has been over a year, we are filing for a 103. My atty created a modified judgement of divorce regarding the visitation as he is probably going to spend a good part of our child’s life in the clink. But it has been over two months and eveyone seems to give me the runaround. The Department of Corrections will not give me any information on how to get the papers to him to sign but said that my attorney saw everyone he went to see at the jail. My atty said they did not bring him up to sign the papers. This is frustrating becuase my family cannot move forward until this is done. Is there anything that I or my attorney can do to speed this up? I also have a community propery regime to complete as well.

    • #2029
      Lex
      Participant

      This doesn't sound like a legal issue so much as people failing to coordinate some simple tasks, like getting a signature.As to where that failure is happening, I don’t know. Short of having a curator appointed to accept service, which would be a big waste of money, there doesn't seem to be much that can be done from a legal standpoint. It sounds like you are just going to have to keep bugging people until someone does their job.

    • #2030
      3kidsmom
      Participant

      Contact your husand’s case manager in DOC — you can find out who it is if you call around a little. Explain the situation to them and tell them you want to be sure his rights are protected, what is the best way to be sure he is either served correctly or gets the papers correctly? Ask him/her if they could give him the papers to sign and retun them to you…..a lot of the case manager folks are pretty easy to work with, they’d rather do it this way than have to do scads of paperwork if someone comes back and alleges something went wrong later.

    • #2031
      richard johnson
      Participant

      You have to do that. You need to get your husband to sign the papers. This is not a legal matter, but you should get a responsible person who can do this as this is not a difficult work.

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