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Need help with court record jargon

Trojanman74

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so my uncle just found out he is getting divorced, and since he is mentally disabled he didnt know what he was signing for the past two months the documents that apparantly gives his ex wife everything. i just looked up the court records on the matter and if someone could help me out with what all this means i'd be greatly appreciative.

Event Date Event Description Party
6/30/2008 DECREE OF DISS OF MARRIAGE P 1
6/30/2008 MINUTES P 1
6/30/2008 CAL: DEFAULT HEARING
6/2/2008 NOTICE
5/29/2008 MOTION - FILE TO JUDGE P 1
5/23/2008 MOTION FOR DEFAULT HEARING P 1
5/23/2008 APPL FOR DEFAULT P 1
4/30/2008 AFF OF SRVC BY MAIL (REG/CERT)
4/15/2008 AFF RE MINOR CHILD(REN) P 1
4/15/2008 PRELIMINARY INJUNCTION P 1
4/15/2008 FUND: BASE FEES P 1
4/15/2008 SUMMONS ISSUED
4/15/2008 CONFIDENTL SENSITIVE DATA P 1
4/15/2008 FUND: CHILD ISSUES EDUC P 1
4/15/2008 PARENTING PLAN P 1
4/15/2008 NOTICE OF HEALTH INSURANCE P 1
 

crazyquik

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It looks like he was summonsed to a hearing, and didn't show up, and got a default judgement entered against him.
 

Trojanman74

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ill paypal 10 dollars to anyone that can find me rules regarding court preceedings involving mental retardation and divorce in arizona.
 

yerfdog

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I don't know what the procedures are, but it sounds like it has gotten to the point that you probably want an experienced attorney to help your uncle try to solve this mess. The Maricopa County Bar Association might be able to help you out. Try http://maricopabar.org/displaycommon.cfm?an=15 for legal resources (there are some numbers there related to disabilities and also family/divorce law) and also the lawyer referral service: http://maricopabar.org/displaycommon.cfm?an=16 Yeah, the lawyer referral service apparently costs $35 for a 30 minute initial consultation. I'm not sure what the convention is but maybe other local bar associations wouldn't charge for a simple referral?
 

eidolon

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If crazyquik is accurate and there was a default judgment, you should be able to have the order vacated by another court, if not actually overturned by the original presiding judge at a rehearing (if your uncle has been declared handicapped and incompetent by the state and nothing was filed with anyone representing him I would imagine you could claim a due process violation). I will be 100% honest in saying that I am only familiar with default judgments when it comes to debt collections, though.

Before paying for a lawyer (unless you know someone and can get a free/cheap consultation) I'd actually consider going to a law services center/legal help office at a law school. While a law school student cannot represent your uncle, they are non-biased and can probably point you in the right direction. You also might want to send an e-mail to a group like the AAIDD, although I don't know if you'd really get any help from them.
 

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