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I was told i needed a self help form to file a motion with the court in regards to divorce mediation
Anonymous7 views3 answers
The court ordered mediation in my divorce. My spouse did not show up. I am leaving her everything with the exception of my vehicle which has a value less than 2,000. She gets everything else. I can not afford an attorney. I was told to file a motion with the judge that she has not shown up to any hearing we have had. And I want to file a waiver to proceed without mediation. I have had to drive 8 hours one way each time. She lives there. She has told me she will do everything in her power to hold up the divorce for years.
This happens more than you would think. If a person does not show up or mediation, then you can request the court to impose sanctions on her. You might be able to get travel time, lost wages and any other kind of loss. You can ask to dispence with mediation. But after the Judge imposes sanctions she might mellow out. Be sure to put in the motion "She has told me she will do everything in her power to hold up the divorce for years."
If she failed to appear for court dates, you can certainly ask that her pleadings (her Complaint or Counterclaim) be dismissed so that you can proceed on a default basis. Otherwise, she probably will be able to stretch the divorce process out for a long time.
Brian Paul HalloranCar / Auto Accident LawyerFort Wright, KY ·
File a motion to set it for trial and state that she has failed to appear at mediation. State the distance factors and request that you be able to appear by phone for the motion and for the final hearing. Get it on the docket. You can call the judges secretary for a date usually, or the court clerk.
