Filling out forms without lawyer

[midad8]

What is the name of your state (only U.S. law)? MI

My wife and are are doing an "uncontested" divorce, but she has a lawyer that provides limited service as a benefit through work. We will be using that lawyer to file our paperwork, but the lawyer technically doesn't represent me. I need to file an "Answer" (Form DC-03) to the Complaint for Divorce myself but not sure how to word things. I agree with everything on the Complaint. Are there generic wording or sample filled-out forms somewhere I can copy or do I have to spend the money and get a lawyer to write it, which I am trying to avoid. Thanks.

 

[mistoffolees]

What is the name of your state (only U.S. law)? MI

My wife and are are doing an "uncontested" divorce, but she has a lawyer that provides limited service as a benefit through work. We will be using that lawyer to file our paperwork, but the lawyer technically doesn't represent me. I need to file an "Answer" (Form DC-03) to the Complaint for Divorce myself but not sure how to word things. I agree with everything on the Complaint. Are there generic wording or sample filled-out forms somewhere I can copy or do I have to spend the money and get a lawyer to write it, which I am trying to avoid. Thanks.

The way I've seen it does is that you list each line number from the complaint and then add your response. For example:

"1. The parties have lived separate and apart for more than 12 months.

Admitted."

If you have specific questions about the FORMAT, you can ask your court clerk. They can not provide legal advice, but they can help with some procedural questions.

 

[midad8]

Thanks mistoffolees. Do I need to rewrite every single paragraph out or can I simply put

1. Agreed (or is Admit a better term?)
2. Agreed
3. Agreed
etc...

The original Divorce Complaint is 6 pages long.

 

[LdiJ]

Thanks mistoffolees. Do I need to rewrite every single paragraph out or can I simply put

1. Agreed (or is Admit a better term?)
2. Agreed
3. Agreed
etc...

The original Divorce Complaint is 6 pages long.

If it were me, I would write out every paragraph. It makes it much easier for the judge to understand...particularly if you are going to challenge any portion of it.

 

[BL]

If it were me, I would write out every paragraph. It makes it much easier for the judge to understand...particularly if you are going to challenge any portion of it.

Come on LD ,if there were a challenge ,then it's NOt uncontested.

Uncontested usually means no lawyers ,and not especially a one sided lawyer .

Poster .I don't know how it's done in your State ,but you either admit and.or agree and submit it to the court.

The judge will decide.

In my State there's one form to admit or deny .

Possibility the court's law clerk may look it over and make recommendations to the Judge .

If there's an error follow up with a letter to the Judge,or Judge's secretary.

 

[LdiJ]

Come on LD ,if there were a challenge ,then it's NOt uncontested.

Uncontested usually means no lawyers ,and not especially a one sided lawyer .

Poster .I don't know how it's done in your State ,but you either admit and.or agree and submit it to the court.

The judge will decide.

In my State there's one form to admit or deny .

Possibility the court's law clerk may look it over and make recommendations to the Judge .

If there's an error follow up with a letter to the Judge,or Judge's secretary.

Yep, my bad. I got him confused with someone else who was in a similar situation but didn't quite agree with every proviso and therefore wanted to challenge some of them.

 

[BL]

Yep, my bad. I got him confused with someone else who was in a similar situation but didn't quite agree with every proviso and therefore wanted to challenge some of them.

I slightly remember the post .

A UD though is just that .

Papers signed do not necessarily mean the Judge will sign off on everything,make his/her own decisions ,either not changing or changing the final order.

In my case ,I filed a UD ,nothing special.The Judge made an error . Something to look out for .

No lawyers !!

Yes ,one can hire a lawyer for a UD .

Poster needs to be aware though.

 

[mistoffolees]

Thanks mistoffolees. Do I need to rewrite every single paragraph out or can I simply put

1. Agreed (or is Admit a better term?)
2. Agreed
3. Agreed
etc...

The original Divorce Complaint is 6 pages long.

Ordinarily, I would say 'agree', but in the ones I've had to fill out (not for divorce purposes, it said the question and then 'admit or deny'. I don't think it matters - use whichever seems more appropriate.

 

[LdiJ]

Ordinarily, I would say 'agree', but in the ones I've had to fill out (not for divorce purposes, it said the question and then 'admit or deny'. I don't think it matters - use whichever seems more appropriate.

But if you deny, you really need to explain why you deny.

 

[BL]

But if you deny, you really need to explain why you deny.

OK , I'm out of league and so is everyone else here ,Poster .

That's why the forum ask for your State .

These are just general replies.

Perhaps you can obtain a copy of UD forms from the State's court clerk to go over and let us know?

Remember:

FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding

 

[midad8]

Thanks everyone for your advice. I really appreciate the help as I really don't like to deal with legal speak but have to in this case on my own.

On the MI website where they have the forms, they did not have an "Answer" form specific for Divorces. I did find DC-03 which is a form titled "ANSWER Civil". It looks generic to me, similar to the "Summons and Return of Service" one, with the court address beneath the title and Plaintiff on the left vs Defendant on the right. I assume I can use this form even though it says "Civil"? It just has a blank space it the middle for "Defendant, in answer to the complaint, states (Number paragraphs in the answer to correspond to paragraphs in the complaint.).

Since I agree to everything, can I just write...

"that he agrees with all statements 1-18 and requests for relief A-H documented in the Complaint For Divorce by the Plaintiff, xxxxxx, through her attorney, xxxxxx. Additionally, the Defendant, respectfully shows this Honorable Court the following:
1. That the Plaintiff, xxxxxxx, and the Defendant, xxxxxxx, have reached an agreement on the division of marital assets and have initiated the division on MM/DD/YYYY when the parties separated and ceased cohabitaion.
2. That the Plaintiff, xxxxxxx, and the Defendant, xxxxxxx, have reached an agreement on the parenting schedule, in which the minor child stays overnight four (4) nights per week with the Plaintiff and three (3) nights per week with the Defendant, and have initiated this schedule on MM/DD/YYYY."

Sound legal enough?

 

[mistoffolees]

Thanks everyone for your advice. I really appreciate the help as I really don't like to deal with legal speak but have to in this case on my own.

On the MI website where they have the forms, they did not have an "Answer" form specific for Divorces. I did find DC-03 which is a form titled "ANSWER Civil". It looks generic to me, similar to the "Summons and Return of Service" one, with the court address beneath the title and Plaintiff on the left vs Defendant on the right. I assume I can use this form even though it says "Civil"? It just has a blank space it the middle for "Defendant, in answer to the complaint, states (Number paragraphs in the answer to correspond to paragraphs in the complaint.).

Since I agree to everything, can I just write...

"that he agrees with all statements 1-18 and requests for relief A-H documented in the Complaint For Divorce by the Plaintiff, xxxxxx, through her attorney, xxxxxx. Additionally, the Defendant, respectfully shows this Honorable Court the following:
1. That the Plaintiff, xxxxxxx, and the Defendant, xxxxxxx, have reached an agreement on the division of marital assets and have initiated the division on MM/DD/YYYY when the parties separated and ceased cohabitaion.
2. That the Plaintiff, xxxxxxx, and the Defendant, xxxxxxx, have reached an agreement on the parenting schedule, in which the minor child stays overnight four (4) nights per week with the Plaintiff and three (3) nights per week with the Defendant, and have initiated this schedule on MM/DD/YYYY."

Sound legal enough?

Works for me, but I'm not the judge.

I suspect that there's a lot more flexibility in form when it's pro se and uncontested, so you're probably OK.

 

[midad8]

HELP!

I submitted the above reply, and now my wife's lawyer is saying it is now contested and want to charge us a big fee. How is that contested if I agreed to everything? Is is because I added some addedums?

I am still within the summons period. Am I allowed one Answer or can I recind the first one and submit a new one that says I agree to everything without any addendums? I don't want to give the lawyer a cent.

Thanks.

 

[LdiJ]

HELP!

I submitted the above reply, and now my wife's lawyer is saying it is now contested and want to charge us a big fee. How is that contested if I agreed to everything? Is is because I added some addedums?

I am still within the summons period. Am I allowed one Answer or can I recind the first one and submit a new one that says I agree to everything without any addendums? I don't want to give the lawyer a cent.

Thanks.

Yes, the addendums likely made it contested. You don't have to pay that attorney ANYTHING at all. That attorney is not representing you that attorney is representing the other party. You would have to pay your own attorney or represent yourself.

 

[mistoffolees]

HELP!

I submitted the above reply, and now my wife's lawyer is saying it is now contested and want to charge us a big fee. How is that contested if I agreed to everything? Is is because I added some addedums?

I am still within the summons period. Am I allowed one Answer or can I recind the first one and submit a new one that says I agree to everything without any addendums? I don't want to give the lawyer a cent.

Thanks.

But if you deny, you really need to explain why you deny.

Uncontested means that you agree with EVERYTHING. As soon as you disagree with something, it becomes contested.