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Will I have 2 make a court appearance 4 my divorce?

My STBX has filed for divorce (in Iowa). We aren't fighting about any issues, we have come to agreement on everything including custody issues over our daughter and didn't hire lawyers- we drew up the papers onine & have everything signed waiting in the courthouse. We wanted to get the 90-day-waiting-period waived but they overruled that. I'm wondering if I'll hafta make a court appearance 3 months from now or if they'll sign the dissolution of marriage papers without us there and send it in the mail.

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Anonymous

Asked by Anonymous at 4:40 PM on Nov. 11, 2009 in Relationships

Answers (15)
  • more than likely you have to a appear , my brother got divorced over the summer and even tho everything was agreed upon his ex had to be in court and that was in nebraska and our laws arent much different than iowa..i know cause i tried to file for divorce in iowa
    gothmama91

    Answer by gothmama91 at 4:47 PM on Nov. 11, 2009

  • nope. across the board, you must be present. if it is a self draft settlement agreement without attorney involvement, you must be present to ensure the legitimacy of the claim.

    on top of that, just because you agreed to something, does not mean that the judicial system will. the judge must approve all aspects of the settlement proposal before signing off on it.

    yes, it is possible for a divorce to become final without both parties present, but the extenuating circumstances under which that would occur, do not (as far as you have stated here) exist.
    ObbyDobbie

    Answer by ObbyDobbie at 4:50 PM on Nov. 11, 2009

  • (OP) What are the extenuating circumstances under which that would occur?
    Anonymous

    Answer by Anonymous at 4:53 PM on Nov. 11, 2009

  • Only your spouse has to be present if you sign a waiver.
    Anonymous

    Answer by Anonymous at 4:53 PM on Nov. 11, 2009

  • (OP here)
    Anon at 3:53 PM: Is the waiver you speak of the Entry of Appearance, Consent and Waiver of Service? We submitted that, here's what it says:

    I am the Respondent in the above entitled Case Number___ I have received a
    copy of the Petition for Dissolution of Marriage and Original Notice which I have read and fully
    understand.
    I hereby enter my appearance in said case for all purposes, waive the issuance, service and return of
    citation upon me, and agree that said case may be taken up and considered by the Court at any time
    without further notice to me. I agree that this case may be heard by a duly appointed Judge, Master or
    Referee of this court. I waive the making of a record of testimony.
    I fully understand and have freely and voluntarily entered into a Marital Settlement Agreement, dated _______, ___ which is attached to and incorporated into the Petition
    for Dissolution of
    Anonymous

    Answer by Anonymous at 5:00 PM on Nov. 11, 2009

  • In Texas that is exactly the waiver we signed. Word for word exactly. I just looked at my papers.
    Anonymous

    Answer by Anonymous at 5:03 PM on Nov. 11, 2009

  • extenuating circumstances...
    i think she meant the custody and child support ect..and like she said the judge has final say so if you want to avoid future court dealings you better go the first time...it be best if you just showed up cause who knows your stbx may change his mind at last minute or dispute child support ect..when i filed for separation my hubby and i agreed on child support but the judge didnt and he increased to what he thought was sufficient ..just go and get it over with
    gothmama91

    Answer by gothmama91 at 5:03 PM on Nov. 11, 2009

  • (OP here)
    Anon @ 4:03 PM - then, with that waiver signed, did u hafta make a court appearance?
    Anonymous

    Answer by Anonymous at 5:05 PM on Nov. 11, 2009

  • (OP here)
    gothmama - we didn't make up a figure for the child support, we got that number by using the guidelines from the Child Support Recovery Unit.

    The reason I'm asking is b/c in the near future i may be moving out of state, of which my STBX is fully aware and is OK with.
    Anonymous

    Answer by Anonymous at 5:08 PM on Nov. 11, 2009

  • I didn't have to go to court.

    You may have to get the court's OK to move out of state even if it's OK with ex. In Indiana it is really hard to leave the state and as I understand it is hard in Michigan. If you leave Indiana without the court's OK it is kidnapping.
    Gailll

    Answer by Gailll at 5:19 PM on Nov. 11, 2009

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