divorceinfo.com
Welcome, Guest. Please login or register.
Did you miss your activation email?
September 18, 2014, 01:40:54 PM

Login with username, password and session length
Search:     Advanced search
254495 Posts in 18123 Topics by 1383 Members
Latest Member: phcMcdabT[a..z]7748
* Home Help Search Login Register
+  divorceinfo.com
|-+  General Category
| |-+  Alabama Divorce Questions (Moderator: m_t)
| | |-+  Petition for Rule Nisi
« previous next »
Pages: [1] Print
Author Topic: Petition for Rule Nisi  (Read 3275 times)
Monarch
Newbie
*
Posts: 2


« on: July 20, 2006, 09:50:51 AM »

Hi everybody, this is my first post and I have some questions I hope ya'll can help with.  Briefly, we were divorced in Jefferson County in Jan. 2002.  Three minor children.  We had an agreement - shared custody with him as primary custodial parent.  The language (standard, I assume) says the "custodial time the Wife shall be afforded with the minor children shall be any and all reasonable and liberal times as can be agreed upon by the parties".  No support ordered.  Property was also to be divided so as to be "mutually agreeable to both parties".  Well I haven't seen my children in 3 years, he changed the phone number 3 years ago and moved to a new house 2 years ago.  The only contact info I have for him is his office.  I now live in Tennessee.  Last time I talked to him he told me to "file a f**king petition", thinking I wouldn't.  He is an attorney. Also, he has everything (property wise - even my clothes, jewelry, furniture from my family I brought to the marriage, my college memorabilia, childhood diaries...)
I can't afford to hire a lawyer.  I talked to one who told me a minimum of a $5000 retainer would be required.  I have drafted a Petition for Rule Nisi to get him to comply - is this the right approach?  Do I just send it to the clerk's office with the filing fee and wait?  Will we have a hearing?  How does this work? All input appreciated.
Logged
Lee Borden
Administrator
Hero Member
*****
Posts: 1202



« Reply #1 on: July 20, 2006, 11:02:27 AM »

It's fine for you to include a Petition for Rule Nisi, but you also should include a Petition to Modify. You need to get a stated visitation schedule, and (no doubt) get started paying child support. It's going to be extremely difficult to do this without a lawyer. I wouldn't want to do that, but you get to decide, not me.
Logged

Helping people survive divorce
Lee's site: http://www.divorceinfo.com
Lee's blog: http://www.divorceinfo.com/blog
demarco36
Full Member
***
Posts: 191


« Reply #2 on: July 20, 2006, 11:10:09 AM »

Why does she need to get started paying shild support?  I thought it said no payment required.
Logged
Monarch
Newbie
*
Posts: 2


« Reply #3 on: July 20, 2006, 11:18:46 AM »

Yes, that is right.  There was no support ordered.  I am in complete compliance with the decree. If support is ordered, I will start paying it.  So the petition to modify is what will ask the Court to set a visitation schedule? And the Petition for Rule Nisi is basically saying he is in contempt and not compling with the decree?
Logged
Lee Borden
Administrator
Hero Member
*****
Posts: 1202



« Reply #4 on: July 20, 2006, 01:54:55 PM »

Correct.
Logged

Helping people survive divorce
Lee's site: http://www.divorceinfo.com
Lee's blog: http://www.divorceinfo.com/blog
Pages: [1] Print 
« previous next »
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.15 | SMF © 2011, Simple Machines Valid XHTML 1.0! Valid CSS!