I am confused more than I can imagine. I thought when you have to go to court, and it involves 2 people in a divorce, that each person is guaranteed by the constitution to have notice of the court appearance and that both would be required to be in attendance (WA state). In my divorce, after 26 years, 2 children, life as a wife, I never made more than $14,000.00 in 1 year, but the majority of those years I made closer to $5,000.00 per year. My ex is an engineer and provided for the family over those 26 years. I was acknowledged by the SS Administration in July 2006 while still married, to be legally disabled and hadn't been able to work since January 2006. My ex-husband says he paid his attorney $25,000.00 TO BE SURE HE GOT EVERYTHING, FAIR OR NOT. I had living, legal, medical, housing, our 21 yr old son home from May 06 to Aug 06, all without any money or savings. I was not represented at the final court paper signing date, but appeared on the date I was given - 8/10/2006 - and waited all day, until I found out there was not a listing of our (my) case on the judges schedule. I have done many things to protect my rights including asking for a reconsideration with in 30 days, etc,etc...dismissed without prejudice. I have official court papers with the ' judges working papers' stating the court appearance date was changed on the 10th OF AUGUST, JUDGE'S NAME, DATE 8/10/06 - TIME -N/A (??) stamped on it. The next important paper I have is the DECREE OF DISSOLUTION _ clerks action required is stamped on it. I was not notified of the change of date and was at this point trying to represent myself, which means it was imperative I got to be there, but was not. The Dissolution Decree states 'Approved for entry: NOTICE OF PRESENTATION WAIVED' ? How can notice be waived without both parties being told of the changed appearance in court? Changed from 8/10/06 to 8/14/06? More important why isn't any attorney even willing to look at this? I have to replace both my knees this year, our son graduated college and can't find a job and lives with me and my alimony is supposed to be over after 7/2010. I am desperate for help from someone somewhere that believes in 'DUE PROCESS' and will at least allow me my day in court too. I was a full time mom and now I'm trying to get better but can't go on much longer without the word JUSTICE standing for something.......not just for me alone, but all other family court matters determined not by fairness and love for the children you have together, but by the one WITH THE MOST MONEY. I don't know what type lawyer might help me with this matter and to ask for a modification of the alimony, which by WA state law is allowed to be taken to court at least 30 days before the last date of alimony is scheduled to be finished. Should it cost me $3,000.00 just for an attorney to look over my well documented records, and the well documented court papers as well? I feel as if I will pay any retirement money I might have in order to have this looked at in a court of law. OR MAYBE THERE AREN'T ANY COURTS OF JUSTICE FOR THE WEAKER SICKER POORER ONES OF US WHO SEEK IT IN SPITE OF THE PAIN IT MAKES WORSE.
12/27/2009 |
Category: Divorce |
State: Washington |
#20196
I understand your frustration, it is not fair that those with more money often have better access to legal and health services. The notice you referred to may have been a waiver of representation, meaning you chose to represent yourself rather than hire an attorney. I can't speculate on why an attorney is unwilling to review your case, but the time for appeal likely has passed a long time ago.
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. If any factor used in determining spousal support changes, such as a change in income or remarriage, modification may be available. It will be a matter of subjective determination for the court based on all the facts and circumstances involved.
You may be able to find less expensive assistance through a legal service at the following links:
http://www.ocla.wa.gov/
http://www.ocla.wa.gov/findinglegalhelp.html
http://www.legalaidforwafund.org/civillegalaid.htm
http://www.legalfoundation.org/pages/civil_legal_aid_in_wa