You can challenge
your state's dissolution statutes on a pro se (without an attorney)
basis. Others have done this by either:
1. Challenging the state alimony statutes as part of their dissolution
(best method 1st).
2. Removing their state dissolution case to federal court.
3. Challenging the state statutes in federal court apart from final
state proceedings.
Those who have done this can tell you how they did it. We post their
legal filings on our site for reference to those interested in doing the
same and we can put you in touch with them.
Those who have filed actions have told us there is a risk of getting
assessed costs and/or fees for the other side if you loose. So far we
are not aware of this happening, but you need to be aware of the
possibility of it.
Those who have filed say you would be suing the same type defendants. If
you wanted to include or exclude the former spouse that is your choice.
Sometimes former spouses do not respond. However, they say for them, it
was generally a good idea to name them as defendants so they have an
opportunity to respond. If they do not , there can be legal
consequences. Those who have filed these actions say they felt it helped
a bit to balance things as far as negotiating a settlement since now the
former spouse was involved in litigation more as a defendant. What that
means depends upon the rulings of the presiding judge ....but can also
be a basis for negotiating with your ex-spouse.
Some of the information you need to have to initiate action are:
-
Date and location
of the marriage.
-
Date and location
of the dissolution.
-
The current
address of you and your former spouse.
-
Any minor
children at time of dissolution.
-
Names and birth
dates of all the children.
-
Health of you,
former wife and kids.
-
Education of
former spouse.
-
Occupation of
former spouse.
-
Any impediments
to former spouse being economically independent (e.g. working)?
-
Was a settlement
agreement involved in the dissolution action? This is a deal breaker
and probably renders federal action mute.
-
Was there ever a
contempt order or commitment order issued? When and where?
-
What is your
current employment status? What do you do?
-
These are some of
the documents you need to have available in a scanned form or ready
to be faxed:
-
A current
completed financial affidavit.
-
Final Order
of Dissolution,
-
Contempt
Order
-
Notice of
Hearing for Contempt.
-
Any other
Court orders that were issued.
Are you computer
literate?
From our self-help page, download and read the following items·
Go online and get the
name of the Chief Judge of the court where your case is filed.
Go online to find the name and address of the federal court for the area
where your state court is located. You can find it at:
http://www.uscourts.gov/links.html
Others have "removed" their state case to federal court as an option.
But it appears all that does is stop state proceedings until it gets
remanded back to state court. Sometimes this can take a year and other
times just a few months. "Clean" federal lawsuits challenging the
statutes seem to stand a better chance of being heard.
The federal filing
fee is $150 with summons to the defendants costing about $200 plus
mailing and copying costs. You can always hire a paralegal to interface
with the courts for you and comply with rules of procedure. This is much
cheaper than an attorney. In the event your case gets to the merits and
requires oral argument or appeal to higher courts, there are attorneys
that can help you with this.
From what we have seen, your best chance of success is to take charge of
your own case. Don't sit back and expect a free ride. It won't happen.
You need to learn, fight back, then contribute and help others. It
really won't be over your head once you give it some thought and
understand a few legal things that others have learned. You could be
your own attorney with the time you spend watching television.
Take the time to
study current cases. .
Disclaimer:
CFLAP is
not a legal aid service and does not supply attorneys or represent
anyone in court. This is not legal advice nor is it a solicitation for
legal work.
Contact us for further information. Our friends would be happy to help you.
