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Joined: May 2001
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I know that is a wide open question. I'm in South Carolina, USA. Motion hearing is 11-28. Does anyone have a general idea how long it will be until the divorce hearing is scheduled after the motion hearing? I filed on grounds of adultry which only has a 3 month separation clause in SC. He has been moved out for 8 months and we haven't had marital relations in 4 months, so I know the waiting periods are not an issue.<p>I just want to know what to expect during this hearing so I will not be a basketcase. <p>Any help would be appreciated, even if the answer is that there really is no answer......<p>PP

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Well, you got your wish. My reply is really "no answer", but I have a couple of questions.
I work for an attorney and my husband is one, although we are in Alabama and the laws of course vary state to state.
What is the motion hearing for? What motion has been filed? Did you or he file it?
In AL, you file the complaint and the case gets set for trial 6 months down the road (our date is 4/30/02). Usually what happens in that time frame is that the parties come to an agreement on custody and property division and then they submit the agreement to the court. If there is nothing unusual then the court accepts the agreement and grants the divorce. If they aren't ready, or can't agree by the court date then they can get a continuance. Or, if they can't agree, but are ready to go to trial, then they go before the judge and duke it out over who gets what and who pays what. Really not pretty.<p>So, depending on who filed the motion and what it is askinf for, I may be able to tell you what happens next.

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It is a motion for divorce I guess. I never really saw the papers. I filed. My H and I have signed an agreement that I typed up that pretty much divides our property and settles on custody and vistation. There should be no battle except what he owes me for living expenses since he moved out. I assumed insurance on kids and all household bills for the last 8 months. He was been averaging about $200 a week in support. This wasn't enough to pay insurance and child care in the summer much less any bills. My house payment alone is over $1100.00 . I haven't said much about the meantime because I was concentrating on how things would be after the divorce. I would like to see some compensation but don't guess it really matters. I have also spent around $2000 in new windows, landscaping, paint etc on the house in case I have to sell it. I suppose I'll not see that money either but that was my decision to spend not his.<p>Thanks for responding. I really appreciate any help I can get.

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IF the actual case is being heard on 11/28 and ya'll are submitting a signed agreement, then the judge may sign the decree and you will be divorced very shortly. Ask your attorney what the actual process is. Also, since you filed, you should have received a copy of the complaint- again, I would ask your atty. <p>Are you comfortable with what he has agreed to pay for child support after the divorce is granted? Since you are carrying them on insurance and have primary custody he should be footing a good bit of the expense. I know you said his income (or earning potential) are less than yours and that also plays a role. Be sure you are happy with the financial arrangement, because it is harder to change later.<p>Keep us posted,
M


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