He wont let me have a divorce LOL

[mystic 11]

HI all,

another update from my crazy roller coaster. I filed my divorce papers in February, this state requires 60 day waiting period before the final hearing. I tried to get him to sign a waiver of final hearing and a divorce agreement while he was in the local jail and he refused. ICE picked him up from the jail mid february and since then he has broken the no contact order 3 times in trying to call me from immigration detention center, however authorities are doing nothing about that. So, I went April 5th and filed papers requesting final hearing for divorce and in return got a letter stating the courts will not schedule a hearing while he is incarcerated so that we need to either submit waiver of final hearing and a divorce agreement or submit a release date for him!!!! OK WELL THEN.... he doesnt want the divorce and will not sign the papers for the waiver or agreement and there IS NO RELEASE DATE as he is almost definitely being deported. loool so just what am i supposed to do?????? I know he has a hearing on April 25th with immigration court, im hoping that they will set a deportation date at that hearing, then i can submit to the court that he is out of the country or that he is released and i dont know where he is so that i can run an ad in local paper and show proof of that and get my final hearing.... am i really gonna be stuck being married to the monster forever??????

Also does anyone know if immigration hearings are public??? If so i just might spend the money to drive there and attend that hearing. However maybe not as i have been off work on medical leave for a month due to surgery and they might be putting me in another position that doesnt require use of my operated shoulder and arm..... so work probably wouldnt allow me the time off.

[Samoray 165]

It's a roller coaster indeed

[belinda63 3,038]

I am guessing you have had him served with the papers? I ask because you speak of running an ad in the papers. If he has not been served just call the location he is being held at and explain you need to have him served with the papers. They should do this and send you confirmation back that he was served.

He has a legal right to be present at any civil hearing against him but the detention center is not obligated to transport him to civil hearings. This is why the court cannot set the final hearing date. Best to wait until he is actually deported, although I know you want to wash your hands of him as soon as possible.

As to the phone calls probably they figure since he is incarcerated he is not threat to you and give them a low priority. You could try filing harassment charges against him but would it really be worth the trouble?

Any court hearing is open to the public unless the court rules otherwise (for specific reasons) thus you could always call the clerk and obtain the hearing date or disposition of the case. Even better ask them if they could mail you a copy of the disposition.

[mystic 11]

I am guessing you have had him served with the papers? I ask because you speak of running an ad in the papers. If he has not been served just call the location he is being held at and explain you need to have him served with the papers. They should do this and send you confirmation back that he was served.

He has a legal right to be present at any civil hearing against him but the detention center is not obligated to transport him to civil hearings. This is why the court cannot set the final hearing date. Best to wait until he is actually deported, although I know you want to wash your hands of him as soon as possible.

As to the phone calls probably they figure since he is incarcerated he is not threat to you and give them a low priority. You could try filing harassment charges against him but would it really be worth the trouble?

Any court hearing is open to the public unless the court rules otherwise (for specific reasons) thus you could always call the clerk and obtain the hearing date or disposition of the case. Even better ask them if they could mail you a copy of the disposition.

The papers were served on him while he was in local jail in February, then when i filed the motion for final hearing i had to mail him a copy of that in Illinois where he is being held in Immigration detention. Yes he has a legal right to be present but i have a legal right to a divorce from an abusive person. The lady at the court said that they didnt realize that he wasnt just in jail but in fact being held by immigration but i would have to talk to lawyers and see if there is another paper or something i have to file with the courts. As for the phone calls, it doesnt matter if he is incarcerated or not, its a violation of the protective no contact order and has been done repeatedly and is also grounds for deportation, but the judge has to make formal charges of the breaking of it. The prosecution has been trying to reach immigration on that matter but immigration never returns their calls. I know the hearing date because there is a phone number you can call and if you have the A number you can obtain that information, however I CANNOT request the disposition as it is a violation of his privacy. I called and asked if i would be informed of the happenings of the case as it proceeded or if i would be informed if he was released or deported and was told no absolutely not because that is a violation of his privacy law and I cannot be given any information on his case unless he signs a release.

I know most court hearings are public however i am not sure immigration deportation hearings are.

Right now i am waiting for the pro se desk at my local court to open so that i can talk to a lawyer to see what i need to do to get this moving but I know that my only other alternative is to wait until his hearing April 25th, see if they release him or deport him. If they do either then i just go to my court and file another request for final hearing stating i do not know his whereabouts and the court will give me a paper to take to local news paper, once i have a copy of that newspaper ad then i just bring it back and they will schedule the hearing.

BUT, who knows what they will do at that court hearing, they may let him go, not likely since there was injury involved. They may deport him, or, they may keep him tied up for years in this. I am NOT remaining married to this man for years. I will find a way

[Darnell 8,478]

is other track, still available - simple 'notice by publication' then no 'word back' from him on anything?

if that track is still available, even after serving papers, I'd try to make it happen.

otherwise, some smart boy is gonna figure out how to do video conference in real time, between the ICE holding tank and the divorce courtroom.

[TracyTN 237]

What does your divorce attorney suggest? Surely he/she has come across this before (an uncooperative spouse who is incarcerated).

[mystic 11]

What does your divorce attorney suggest? Surely he/she has come across this before (an uncooperative spouse who is incarcerated).

I have done all of this divorce myself without an attorney. I know how to file the papers and the laws, but this is a unique situation that no one around here has encountered. I am waiting for the pro se desk to be able to talk to an attorney to see what they suggest...

[mystic 11]

is other track, still available - simple 'notice by publication' then no 'word back' from him on anything?

if that track is still available, even after serving papers, I'd try to make it happen.

otherwise, some smart boy is gonna figure out how to do video conference in real time, between the ICE holding tank and the divorce courtroom.

The track of publication is not available at this time because i do know where he is at and i have to make every effort to locate him before publication. That track is only available to people that do not know where the spouse is currently. I have served the papers already, its only that the court will not set a final hearing on the matter because he cannot attend it if he is locked up in another state. I dont know how long he will be there and he will not sign papers willingly, however you have given me an excellent idea, though i do not know that the courts will agree to it. I am going to call them Monday and ask if there is a possibility of a video or phone conference hearing to get this finalized. Thank you very much