Legal Question in Family Law in Missouri

Hello

I recieved a divorce settlement packet from my husband's lawyer. (I am the Respondant to the divorce) Pro se - I want my husband to pay half of the bills and for my cost to respond ($300.00) I am unemployed. They did not include that in what was sent. I also recieved a letter from court that said the following: This is to advise you that your case is set for MO DIV65 Dismissal Docket for July 15 2011. Schedual a Pretrial Conference, or Non Contested hearing, and file the mandatory document exchange compliance form beofe July 15th. I understand this letter was to my husband. (it was sent to me as a curtsey) I spoke to my husband and he said he doesnt want to go to court. (Guessing he doesnt want to have to pay the Laywer) He told me to send the bills to the Lawyer.

Do they have the right to try to get the divorce non contested if I dont sign the papers sent? Also why would the divorce be on the Dismissal Docket? The Lawyer did say contact him to discuss.


Asked on 6/28/11, 5:03 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Your question is a great example of why it is a huge mistake to try to go through a Dissolution "pro se" especially when your spouse has an attorney. You do not know how the legal system works. You do not know the substantive law on the topics that are most relevant to these legal proceedings. You do not know the Rules of Civil Procedure or the local court rules. If there is a trial and you somehow are allowed to participate you will not know the rules of evidence or even how to try the case. If they have served you or if you have signed a waiver of serivce and entry of appearance, then they can get a Judgment by default and you won't be entitled to even have a say. In your question you don't tell us what you are referring to when you say "the papers". Getting your information and advice from the man who is gettng a divorce from you does not seem to make sense. Unless you hire an attorney to represent you I would be willing to bet that you are going to be very unhappy with the results. Hire an attorney and good luck.

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Answered on 6/28/11, 8:26 pm


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