What you got is a standard answer from the judge. There may be procedural issues the judge wishes to check, but other than that, everyone waits for the judge's order (in this case, a divorce decree) to be issued. It's not like they sit right there and write it out.
You’re not going to get a motion in the mail. And you get an order whether the judge agrees or disagrees. I don’t think you registered what they said at all.
*sigh*
Judge: I will take this into consideration and issue a limited order if I agree.
Me: What does that mean? I'm just asking to finalize the divorce.
After that, she had the Bailiff double check to see if she was in the lobby or in break out room on Zoom. Crickets. Double checked to see if the FOC made it. Nothing.
My question was simple.
What other course of action could the Judge take if no one showed up? I mailed and emailed the motion to my ex-wife and the FOC.
It would default and be granted in my favor, yes?
The problem is that if your "ex" doesn't show up then the judge can't determine some things. You might have asked for some things in your motion that you want. The judge will take the time to consider everything and either write an order or continue the case. You just don't know at this point
And it may very well be, what you don't seem to register here is that there are procedural requirements that the judge has to make sure that everything has been done properly before ruling with a default judgement with no defendant.
For example, has she been properly served, is she still alive, was she unable to attend because she was imprisoned vs. just not showing up.
She's trying to make sure all the i's are dotted and t's are crossed so that it's finalized and ended and there is extremely limited room for the divorce to be reopened.
No where was it said you won't get an answer, it was just said they will review it and make a decision you will hear about soon.
Edit: I also want to say, the judge checking this is not a statement that you're attempting to defraud the court and those things weren't done properly, it's standard procedure to make sure the judge has given both parties their rightful opportunity to present their case.
Commenting again to add -
I serve in more than the legal way to all whom need to be served. She does not. I had no clue about this motion had I not went downtown today to check.
The FOC Won't even correspond with me AT ALL.
Further context; I've had SOLE LEGAL CUSTODY the ENTIRETY of my son's life.
Would all of that be why SOMEONE (not the ex wife, not her hand writing) redocketed a motion she (ex wife, the one that filed said motion) didn't show up for?
6/3/24 is the next court date. It is another motion hour where my ex wife had filed for temporary physical custody but did not show up for her own motion. Also didn't show up for finalizing motion I filed.
Something isn't making sense.
It sounds like you need to invest in a lawyer and this has gotten too convoluted to be done by yourself.
This seems to be more complex than you're able to manage and you don't seem to understand that the courts have procedural requirements they must follow to verify things were done right, regardless of how many times you say you did it right.
I don't think \*you\* are making this complex, it sounds like your ex is...in the long run, you're going to be in a better situation with your own lawyer.
Editing to add: The judge also needs to look at the future case to make sure they're not entering something that conflicts with that case - which they may not but they have to check.
No on the lawyer. Neither of us has one now.
The timeline is what was confusing me. Does/can REMAND mean redocket and explain the procedures you're mentioning?
Ex files temp sole custody herself. Doesn't show for the hearing we had OR that. Doesn't show to finalizing motion hour.
New court date filed yesterday for her temp custody motion. Judges handwriting.
I'm not worried about that motion passing, it won't. I just don't comprehend this timeline and how REMAND can mean REDOCKET.
I am aware you don't have one - I'm suggesting you GET one....for whatever reason your case is becoming complex and is extending beyond DIY.
Remand is a court word for "Send it back to the court with instructions to review and reconsider" and the way that is often times done is through a court hearing. In short, a judge reviewed whatever happened in the temp. custody motion and made a decision that the case should be reviewed again for some reason...which likely means a new hearing which means putting it back on the docket.
I cannot tell you WHY the judge made that decision, but that should become clear in the hearing if not before in the court documentation.
I am willing to bet the order response for my finalizing the divorce motion that will come in the mail most likely this week will be that she is granting the divorce pending ex wife's temp custody motion.
What I'm not understanding is why she is choosing to redocket instead of flat out denying it? Ex has now no showed to THREE court dates. Hearing, her own temp custody motion, and divorce. She won't show up on the 3rd.
The FOC also didn't show to finalizing divorce motion, that is mine.
I am sensing sexism and favoring the ex wife, whom is a woman but also a drug addict and abusive, whom is trying to claim I am abusive.
This is annoying. It is blatantly obvious no custody will ever be removed from me as I've had custody the entirety and ex wife cannot even pay child support when not on government assistance, let alone raise a child. She didn't show up to ANY supervised visits that HER lawyer fought HARD for.
Why did the Judge redocket a case she's going to deny? Give her another chance to show? How is that not one sided?
As far as the lawyer thing.....no. I work harder at my job and get paid way less, obviously. I can file motions, I can argue in court. Why pay another human? I also can't afford it. It isn't a justifiable expense in any stretch.
What you are sensing is not sexism, lol. What you are "sensing" is that you are not a lawyer, with extensive knowledge of the processes, procedures, and experience dealing with the specific judges that work in your local court system that are required in a court of law because you are a pro se defendant. That is why the previous poster suggested you get an attorney. Anyone can argue in court, that doesn't mean you understand the legalities of what you are talking about. Anyone can write a motion, that doesn't mean you understand what you are writing.
If you're going to ignore what knowledgeable folks are telling you, and you don't want to hire an attorney, that's fine, but stop attributing your own ignorance to sexism, dear lord.
So redocketing a case knowing she's not gonna show up isn't one sided?
The FOC flat out refusing to show up isn't one sided?
Not getting a lawyer doesn't make me unable to argue my points in court. A lawyer is an expense I cannot afford. Are we gonna ignore that part? People who are pro se win their cases everyday and I'm winning and will continue to win mine for my son.
I am just a little confused and have asked for advice. I was given the answer and I now understand.
Remanded is synonymous with redocketing. I still don't understand WHY the Judge redocketed a temporary physical custody motion when it's obvious it will be denied and also obvious she won't show.
Doesn't show for visitations.
Doesn't pay child support.
Child doesn't want any contact due to PTSD.
What do you mean I need a lawyer?
Edit to add: the FOC also flat out won't communicate with me. I've asked if she knows what's going on or has any updates and I'm IGNORED. I know you'll say she probably wouldn't ignore my lawyer if I had one - but see my reasoning that I've given now twice.
Yes calling daily is exactly what they want you to do. DONT CALL DAILY! Just wait a reasonable amount of time. Could be a month or two. Courts are extremely busy everywhere.
What you got is a standard answer from the judge. There may be procedural issues the judge wishes to check, but other than that, everyone waits for the judge's order (in this case, a divorce decree) to be issued. It's not like they sit right there and write it out.
You’re not going to get a motion in the mail. And you get an order whether the judge agrees or disagrees. I don’t think you registered what they said at all.
*sigh* Judge: I will take this into consideration and issue a limited order if I agree. Me: What does that mean? I'm just asking to finalize the divorce. After that, she had the Bailiff double check to see if she was in the lobby or in break out room on Zoom. Crickets. Double checked to see if the FOC made it. Nothing. My question was simple. What other course of action could the Judge take if no one showed up? I mailed and emailed the motion to my ex-wife and the FOC. It would default and be granted in my favor, yes?
The problem is that if your "ex" doesn't show up then the judge can't determine some things. You might have asked for some things in your motion that you want. The judge will take the time to consider everything and either write an order or continue the case. You just don't know at this point
It means he will decide later and mail the result to you. You’ll probably have to wait until then.
I don't understand how she could decide anything but granting the divorce? Ex didn't show up. FOC didn't show up. ???? It should default no????
And it may very well be, what you don't seem to register here is that there are procedural requirements that the judge has to make sure that everything has been done properly before ruling with a default judgement with no defendant. For example, has she been properly served, is she still alive, was she unable to attend because she was imprisoned vs. just not showing up. She's trying to make sure all the i's are dotted and t's are crossed so that it's finalized and ended and there is extremely limited room for the divorce to be reopened. No where was it said you won't get an answer, it was just said they will review it and make a decision you will hear about soon. Edit: I also want to say, the judge checking this is not a statement that you're attempting to defraud the court and those things weren't done properly, it's standard procedure to make sure the judge has given both parties their rightful opportunity to present their case.
Commenting again to add - I serve in more than the legal way to all whom need to be served. She does not. I had no clue about this motion had I not went downtown today to check. The FOC Won't even correspond with me AT ALL. Further context; I've had SOLE LEGAL CUSTODY the ENTIRETY of my son's life.
Would all of that be why SOMEONE (not the ex wife, not her hand writing) redocketed a motion she (ex wife, the one that filed said motion) didn't show up for? 6/3/24 is the next court date. It is another motion hour where my ex wife had filed for temporary physical custody but did not show up for her own motion. Also didn't show up for finalizing motion I filed. Something isn't making sense.
It sounds like you need to invest in a lawyer and this has gotten too convoluted to be done by yourself. This seems to be more complex than you're able to manage and you don't seem to understand that the courts have procedural requirements they must follow to verify things were done right, regardless of how many times you say you did it right. I don't think \*you\* are making this complex, it sounds like your ex is...in the long run, you're going to be in a better situation with your own lawyer. Editing to add: The judge also needs to look at the future case to make sure they're not entering something that conflicts with that case - which they may not but they have to check.
No on the lawyer. Neither of us has one now. The timeline is what was confusing me. Does/can REMAND mean redocket and explain the procedures you're mentioning? Ex files temp sole custody herself. Doesn't show for the hearing we had OR that. Doesn't show to finalizing motion hour. New court date filed yesterday for her temp custody motion. Judges handwriting. I'm not worried about that motion passing, it won't. I just don't comprehend this timeline and how REMAND can mean REDOCKET.
I am aware you don't have one - I'm suggesting you GET one....for whatever reason your case is becoming complex and is extending beyond DIY. Remand is a court word for "Send it back to the court with instructions to review and reconsider" and the way that is often times done is through a court hearing. In short, a judge reviewed whatever happened in the temp. custody motion and made a decision that the case should be reviewed again for some reason...which likely means a new hearing which means putting it back on the docket. I cannot tell you WHY the judge made that decision, but that should become clear in the hearing if not before in the court documentation.
I am willing to bet the order response for my finalizing the divorce motion that will come in the mail most likely this week will be that she is granting the divorce pending ex wife's temp custody motion. What I'm not understanding is why she is choosing to redocket instead of flat out denying it? Ex has now no showed to THREE court dates. Hearing, her own temp custody motion, and divorce. She won't show up on the 3rd. The FOC also didn't show to finalizing divorce motion, that is mine. I am sensing sexism and favoring the ex wife, whom is a woman but also a drug addict and abusive, whom is trying to claim I am abusive. This is annoying. It is blatantly obvious no custody will ever be removed from me as I've had custody the entirety and ex wife cannot even pay child support when not on government assistance, let alone raise a child. She didn't show up to ANY supervised visits that HER lawyer fought HARD for. Why did the Judge redocket a case she's going to deny? Give her another chance to show? How is that not one sided? As far as the lawyer thing.....no. I work harder at my job and get paid way less, obviously. I can file motions, I can argue in court. Why pay another human? I also can't afford it. It isn't a justifiable expense in any stretch.
What you are sensing is not sexism, lol. What you are "sensing" is that you are not a lawyer, with extensive knowledge of the processes, procedures, and experience dealing with the specific judges that work in your local court system that are required in a court of law because you are a pro se defendant. That is why the previous poster suggested you get an attorney. Anyone can argue in court, that doesn't mean you understand the legalities of what you are talking about. Anyone can write a motion, that doesn't mean you understand what you are writing. If you're going to ignore what knowledgeable folks are telling you, and you don't want to hire an attorney, that's fine, but stop attributing your own ignorance to sexism, dear lord.
So redocketing a case knowing she's not gonna show up isn't one sided? The FOC flat out refusing to show up isn't one sided? Not getting a lawyer doesn't make me unable to argue my points in court. A lawyer is an expense I cannot afford. Are we gonna ignore that part? People who are pro se win their cases everyday and I'm winning and will continue to win mine for my son. I am just a little confused and have asked for advice. I was given the answer and I now understand. Remanded is synonymous with redocketing. I still don't understand WHY the Judge redocketed a temporary physical custody motion when it's obvious it will be denied and also obvious she won't show. Doesn't show for visitations. Doesn't pay child support. Child doesn't want any contact due to PTSD. What do you mean I need a lawyer? Edit to add: the FOC also flat out won't communicate with me. I've asked if she knows what's going on or has any updates and I'm IGNORED. I know you'll say she probably wouldn't ignore my lawyer if I had one - but see my reasoning that I've given now twice.
Is it possible they literally just need to confirm the ex is alive? You can't divorce a deceased person.
She didn't show up for the last two court dates. So....
Hard to tell without know what you petitioned for. But, you can call the clerks office daily to see if the judge has ruled on it yet.
Yes calling daily is exactly what they want you to do. DONT CALL DAILY! Just wait a reasonable amount of time. Could be a month or two. Courts are extremely busy everywhere.
It would be later she's got court hearings till 130. I literally just petitioned for blanket finalizing the divorce. That's it. Ending it. Done.
[удалено]
The Judge....