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William Francis

William Francis’s Answers

14 total

  • Military Divorce

    I married my husband at 17 years old, he is the father of my son and a few months after we exchanged vows he found another women and she is having his baby. I have been trying to get a divorce for 6 months now and we have no property or debts toge...

    William’s Answer

    I don't quite understand how your husband is "protected" by the Marines. Unless he's deployed, you can go ahead and begin your divorce by filing papers with the court and having your husband served.

    Unless your husband is deployed, the Soldiers’ and Sailors’ Civil Relief Act would be unlikely to delay any new divorce proceedings. Your husband would have to request the delay and prove (somehow) that his military duties would prevent him from obtaining proper representation in court. Coverage under the Soldiers’ and Sailors’ Civil Relief Act is generally granted only to service members who are on extended deployments or stationed overseas.

    From your question, it appears you will need a lawyer to help you. I don't know if there's a court facilitator in Clackamas County or if there's a non-profit legal assistance office in Oregon City, but if there are, call them. If there are other attorneys and programs that provide free or low-cost legal services in your area, you should call them, too. If there's no longer a legal aid program in Oregon City, you might call a few lawyers' offices and ask if they participate in the Modest Means Program, sponsored by the Oregon State Bar. Lawyers who participate may be willing to help you for a fraction of what attorneys would charge.

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  • Can I get a divorce if there is no way of serving papers to my wife?

    I married a Danish citizen two years ago. The marriage fell apart about six months ago, and she subsequently moved back to Denmark. We have no children, and acquired no real estate or other significant assets during the course of the marriage. I h...

    William’s Answer

    The responses you've gotten to this question are excellent. I concur that you will want to have a lawyer help you with this because problems with service are always much, much more complicated than they first appear.

    Because you live in Lake Oswego, I want to supplement the information you've been given by telling you a couple of points that are unique to Oregon.

    You will need to obtain an order from the Court allowing you to make service on your wife "by alternative method." Oregon rules state that the Court, " its discretion, may order service by any method or combination of methods which under the circumstances is most reasonably calculated to apprise [your wife] of the the existence and pendency of the action, including but not limited to publication...."

    In my experience, the Oregon courts generally approve orders for alternative service where it can be shown on affidavit that other methods of service have failed. The Court is likely to approve an order that provides that an ad will be published in the legal notices of a newspaper in the city where the responding party was last known to reside. The ad would run once a week for four weeks. After that, proofs of publication would be filed with the Court.

    After service is completed, if no response is filed within 30 days, a motion may be filed requesting an order of default.

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  • Papers returned by judge stateing "No orders in paperwork"

    We are jointly filing for Dissolution of marriage. We filed with a purchased kit. The papers have been returned twice stating "Youur judgement does not contain language that dissolves the marriage" I followed the kits directions and submitted e...

    William’s Answer

    You don't seem to know what a judgment is, or when or how it should be filed. Based only on what you've written, I'd suspect you're unaware of the meaning and the legal effect of any of the paperwork you have been filing with the Court.

    I don't know why you would put your present and future interests at risk by acting as your own lawyer if you have no idea of what you're doing. Before you do another thing you should see a lawyer.

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  • Is it easy to get a no court for default judgment on a divorce?

    When divorce goes into a default judgment can judge proceed with a no court appearance? how likely is this granted no kids involved any know ?

    William’s Answer

    Dear Long Beach,
    I can't advise you on California law or court procedures because I'm only a lawyer in a neighboring state, but I'm guessing that civil procedure is going to be at least similar everywhere.

    Generally, I don't think a court would draft a default judgment for the prevailing party. Usually, a lawyer drafts the judgment and submits it to the court, with a request that the judge sign it.

    If you're a party and you want the judgment to be entered, you should call the court or an attorney and ask for help. There also may be forms or qualified advice available to you at little or no cost.

    At the very least, you should find out the present status of your case. Ask a clerk or a local attorney if there is a new form you should file now that the other party has defaulted.

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