Filling out forms without lawyer

[BL]

Here's what DC03 States:

Number of paragraphs in the answer to correspond to paragraphs in the complaint. Attach addition sheets if necessary.

It appear direction to the answer were not followed correctly .

One must read and understand BEFORE filling out and filing forms .

Try retracting the old and submit the new ,with "agree" after each paragraph 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."

 

[Ohiogal]

Yes, I don't get it. Which is why I am seeking advice in this forum. I have been consistently clear that the intention is a uncontested divorce and I am preparing my own Answer, that my wife has the lawyer. At no point did anybody say that by filing an Answer myself, the divorce suddenly becomes contested. I have asked for my wife's lawyer to prepare my Answer, but the lawyer said the legal plan doesn't pay her enough to do and for me to do file it myself as long as I agree to everything. If what you say is true, that any kind of Answer makes it contested, then it sounds to me the lawyer was playing games and directing us into a contested divorce to get more money.

NOpe. Filing an answer is not being consistently clear that it is uncontested. Unless your wife asked for it in the filing, she doesn't get it because there is NOT proper notice given.

 

[midad8]

BL, I hope you are not 100% right and that the court will take into consideration that that this is pro se on my end. I did file a revision to the Answer where I rescinded the old Answer with addendums and basically stated I agree with everything in the complaint now (no feel good we agree on everything addendums this time). However, I used one all inclusive statement that covers the whole complaint. I assumed (probably wrong on my part) that listing each individual paragraph out was for disagreeing with some of them. Also, the Judge's secretary looked at it and said it was OK to file the revision but didn't say anything about listing paragraphs. Let's hope my judge understands.

 

[midad8]

Ohiogal,

I am not sure what you meant in your response. What I meant to say was that I was clear, in this thread, that my wife and I are trying to take the uncontested route and that no one has said, in this thread, that simply filing an Answer myself is considered contesting the complaint, until recently.

After my wife filed the Complaint, I did get a summons that says I need to file an Answer within 21 days. I asked her lawyer to help write it or at least proofread it, but apprenly she is not getting paid enough for it and told me to file an Answer on my own. This is why I have been seeking advice on this board and have been frustrated that her lawyer is not helping more or directing us more in the right direction. I would have gladly pay out of pocket, but the lawyer, knowning darn well her client and I are friendly and want to do this uncontested, chose to let me fumble around and seem to be waiting for me to mess up so she can charge us the big fee instead of the few hundred bucks the legal plan is probably paying her. And I wonder why lawyers have a bad reputation.

As I have never been through a divorce before and trying to figure out the proper next steps pro se, I do appreciate everyone's feedback, even the ones that suggest I am trying to rip the lawyer off. I am trying to do what is right by my wife and kids and trying to avoid big costs for the both of us.

Or maybe I am just too idealistic and should just get lawyer.

 

[Ohiogal]

Ohiogal,

I am not sure what you meant in your response. What I meant to say was that I was clear, in this thread, that my wife and I are trying to take the uncontested route and that no one has said, in this thread, that simply filing an Answer myself is considered contesting the complaint, until recently.

After my wife filed the Complaint, I did get a summons that says I need to file an Answer within 21 days. I asked her lawyer to help write it or at least proofread it, but apprenly she is not getting paid enough for it and told me to file an Answer on my own. This is why I have been seeking advice on this board and have been frustrated that her lawyer is not helping more or directing us more in the right direction. I would have gladly pay out of pocket, but the lawyer, knowning darn well her client and I are friendly and want to do this uncontested, chose to let me fumble around and seem to be waiting for me to mess up so she can charge us the big fee instead of the few hundred bucks the legal plan is probably paying her. And I wonder why lawyers have a bad reputation.

As I have never been through a divorce before and trying to figure out the proper next steps pro se, I do appreciate everyone's feedback, even the ones that suggest I am trying to rip the lawyer off. I am trying to do what is right by my wife and kids and trying to avoid big costs for the both of us.

Or maybe I am just too idealistic and should just get lawyer.

WEll you have been told. FILING A RESPONSE makes the divorce contested because there are TWO parties involved and participating when an answer is filed. If an answer is NOT filed then there is only one party.

However since that is too complicated for you to comprehend, get an attorney.

 

[midad8]

Wow, such snippy responses. And I thought this was suppose to be a forum to help each other understand the process. Instead of taking immature personal shots, why don't people just read all three pages of the thread to understand my confusion. Right from the start I stated my wife and I are going the uncontested route. The responses went from

- File and Answer with I agree, I agree, I agree etc....
to
- The addendums made it contested (yes, a mistake on my part, but I intrepreted these responses as meaning an Answer agreeing to everything would have been uncontested until I added addendums)....
to
- Retract the old and submit a new Answer with agree, agree, etc....
to
- It became contested just by filing an Answer, even an Answer that says you agree to everything...

Basically, the responses now contradict each other. So it would be nice if some of you keep the unproductive personal jabs to yourself and explain in greater detail why you think you are right versus another advice given earlier.

 

[Ohiogal]

Personal jabs? Really? Try reading:
Divorce Support - Michigan Uncontested Divorce

Some couples end marriages by way of a uncontested divorce. An uncontested divorce happens when 1) the Defendant simply ignores the action and does not file an Answer or 2) when he or she cannot or will not be located. Both situations then resolve themselves by default.

To correct that:

Sometimes a Defendant may file an Answer to the Complaint, then for one reason or another decide to let the case proceed as an uncontested divorce. In that case the Defendant must file a Stipulation to Withdraw Answer Order, which, when signed, permits the case to proceed uncontested.

How about you losing the attitude now? You want help so you don't get to make demands, got it?

 

[garrula lingua]

OP, The lawyer is just trying to find an excuse to charge an additional fee.

The Court will still see your Response as an Uncontested Divorce.
If the atty is still charging, your wife should check with whomever is providing the 'free' legal services.

You didn't do anything wrong, other than try to assure the Court that it is uncontested and there is a written agreement between the parties.

What you're dealing with is NOT a legal issue regarding the divorce itself, and your Response, but a problem with the 'free' legal advice contract interpretation. You'd have to read the contract your wife signed regarding the 'free' UD to know how to, correctly, proceed (check their contract for their definition of an UD).

PS: This doesn't relate to your situation, as one of you purchased a legal plan providing a 'free' UD, but I'm always amazed at people who will pay plumbers, A/C repairment, etc. without grumbling, but balk at paying a modest amt to an atty for a divorce.
An atty should be paid, same as you are for your work (albeit, the amount charged should be fair).

Good luck.
If the atty backs out, your wife should appeal his decision to the legal provider for whom he works (and with whom she contracted).
She can find an atty who will offer 'unbundled' services. Seems all that is needed is a Marital Settlement Agreement and a Divorce Decree (any children?). Ya'll can appear in court with the correct docs and finish your divorce (you'd only have to pay the atty to do the docs).
Wife would then have the option of suing the legal services firm, in small claims court, for refusing to complete the UD (but, first read the contract to see if there is a breach on his part). Her damages would be the amount she had to pay for the 'unbundled service' by the other atty and anything else you think you can, rightfully, add.

 

[Ohiogal]

OP, The lawyer is just trying to find an excuse to charge an additional fee.

The Court will still see your Response as an Uncontested Divorce.
If the atty is still charging, your wife should check with whomever is providing the 'free' legal services.

You didn't do anything wrong, other than try to assure the Court that it is uncontested and there is a written agreement between the parties.

What you're dealing with is NOT a legal issue regarding the divorce itself, and your Response, but a problem with the 'free' legal advice contract interpretation. You'd have to read the contract your wife signed regarding the 'free' UD to know how to, correctly, proceed (check their contract for their definition of an UD).

PS: This doesn't relate to your situation, as one of you purchased a legal plan providing a 'free' UD, but I'm always amazed at people who will pay plumbers, A/C repairment, etc. without grumbling, but balk at paying a modest amt to an atty for a divorce.
An atty should be paid, same as you are for your work (albeit, the amount charged should be fair).

Good luck.
If the atty backs out, your wife should appeal his decision to the legal provider for whom he works (and with whom she contracted).
She can find an atty who will offer 'unbundled' services. Seems all that is needed is a Marital Settlement Agreement and a Divorce Decree (any children?). Ya'll can appear in court with the correct docs and finish your divorce (you'd only have to pay the atty to do the docs).
Wife would then have the option of suing the legal services firm, in small claims court, for refusing to complete the UD (but, first read the contract to see if there is a breach on his part). Her damages would be the amount she had to pay for the 'unbundled service' by the other atty and anything else you think you can, rightfully, add.

GL that is not the information I am finding for Michigan -- I posted the layman's info above. I also know that in Ohio ANY ANSWER (even one in full agreement) makes a divorce contested. Per the information I found, he must file a motion to withdraw his answer.

 

[BL]

Well then I'd like to know who told the poster ,

I need to file an "Answer" (Form DC-03) to the Complaint for Divorce myself .

Too bad it's not as simple as NY's UD . All the other party has to do is a UD7 form.

Although filing out and filing the packet forms is not at all simple .

 

[midad8]

WEll you have been told. FILING A RESPONSE makes the divorce contested because there are TWO parties involved and participating when an answer is filed. If an answer is NOT filed then there is only one party.

However since that is too complicated for you to comprehend, get an attorney.

Ohiogal, so there's no attitude in the above response and I shouldn't take it personally? The only "demand" I am making is for people to see all the advice before yours to understand my confusion because what you just said here negated 2 pages of advice from other posters, and respond preferably with a little more professionalism.

Wish you had just presented the info on MI Uncontested Divorce in the first place (thanks BTW for finding it). It would have made it more clear cut for me and I would have questioned the earlier responses.

 

[Ohiogal]

Ohiogal, so there's no attitude in the above response and I shouldn't take it personally? The only "demand" I am making is for people to see all the advice before yours to understand my confusion because what you just said here negated 2 pages of advice from other posters, and respond preferably with a little more professionalism.

Wish you had just presented the info on MI Uncontested Divorce in the first place (thanks BTW for finding it). It would have made it more clear cut for me and I would have questioned the earlier responses.

I responded with professionalism. You responded with demands. I told you what did it. Then I found BACKUP to support what I told you. What I said negates two pages? Not really because I said on page 1 that filing the answer is what caused it to be contested.

I repeated myself and when you were not able to comprehend what was being told, you were told to get an attorney. Which is what someone should do if they do not know what the heck they are doing.

 

[Ohiogal]

Well then I'd like to know who told the poster ,
Too bad it's not as simple as NY's UD . All the other party has to do is a UD7 form.

Although filing out and filing the packet forms is not at all simple .

I don't know who told him that. It was no one on this forum. He was told improperly. If it was the lawyer then that is an issue. The courts cannot give legal advice.

 

[midad8]

I don't know who told him that. It was no one on this forum. He was told improperly. If it was the lawyer then that is an issue. The courts cannot give legal advice.

Ohiogal, let's just start over. Words on paper sometimes do not convey the right message and may seem harsher than they would have if been if the person was in front of you talking with the right tone. So I apologize if I came across with the wrong tone. It was not my intention and I probably misinterpreted your responses too.

Anyways, you are right, I am having a hard time comprehending things because I got a lot of advice since I started the post two weeks ago. Up until two days ago when you made your first post (page 2 for me), all the advice has been to file the Answer agreeing to the Complaint. It was my mistake to assume I HAD to file an Answer because that was what was on the summons, and another mistake by filing one with well-intentioned addendums.

But at no point up until two days ago did anyone say "if you want this to be uncontested, you are not suppose to file an Answer at all". Hence my response to your first post (which I did understand BTW) with a question about about the pros and cons of uncontested / default (same thing?). I would still like your opinion on it.

Moving on, I will find a lawyer.

 

[Ohiogal]

Ohiogal, let's just start over. Words on paper sometimes do not convey the right message and may seem harsher than they would have if been if the person was in front of you talking with the right tone. So I apologize if I came across with the wrong tone. It was not my intention and I probably misinterpreted your responses too.

Anyways, you are right, I am having a hard time comprehending things because I got a lot of advice since I started the post two weeks ago. Up until two days ago when you made your first post (page 2 for me), all the advice has been to file the Answer agreeing to the Complaint. It was my mistake to assume I HAD to file an Answer because that was what was on the summons, and another mistake by filing one with well-intentioned addendums.

But at no point up until two days ago did anyone say "if you want this to be uncontested, you are not suppose to file an Answer at all". Hence my response to your first post (which I did understand BTW) with a question about about the pros and cons of uncontested / default (same thing?). I would still like your opinion on it.

Moving on, I will find a lawyer.

If you agree with everything she is asking for then you just let it default and she gets what she asked for -- which is what you agree with. Uncontested/default are the same thing. YOu can withdraw your answer and proceed uncontested. That is not an issue.