First, Thank you Barb, naej and KarenMarieS soooo much for your replies.
I just got off the phone with my attorney.
I explained everything to her that has happened since my appt. with her in mid-august, actually since H cut off our support. I told her all about the latest escapades of the OW and her filling out the D papers and mailing them to me on my b-day.
She said definately DO NOT go get those papers. It is not her choice to fill those out for my H and if I obtain them it will only empower her further. She said let H deal with the OW all by himself. Come Thurs. it will be H's choice what to do with them. She said if H files he will have to file all of the affidavits to assets and child support documents. She said it will be an eye opener for H for sure.
She told me that I did not have to retain her services until I was ready and that she did want me to keep in touch with her as to all the goings on. I agreed to do so. I will continue to pay her on hourly basis. I must stop being scared and passive. I need to start to be more open and honest about what is actually happening. I will keep in touch with her and all of you as well.
I want to thank you all...I would not have even called her without all of your advice.
I told her what I had done lately about moving some accounts and making estimated tax payments. It was all based on her advice in mid-august and she was pleased I have done as she asked.
I feel better knowing the answer to my question. She repeated several times "LET THE PAPERS GO BACK TO H". Call me immediately if you are served by other means. We can always answer the petition with our own demands and it will certainly catch H off guard because we will be prepared. When I met with her in March and August I gave her all sorts of pertinent personal and business numbers and data. She said we will be ready when/if he decides to serve you himself. She also said that unless he serves you himself and completes the paperwork himself or with an attorney that I do not have to accept it as fact and that he will be in big trouble if there are untruths on his documents because he has to sign them as sworn testimony to fact before the court.
I am not actually feeling very well. My stomach is all in knots. It has been a very emotional day. I am tired.
Thurs. will be interesting. OW and her BFF will have plenty to say when those papers come back to H office. Thurs. H has a local job so he will be in the office most of the day I am sure.
I still do not want a D and told my L so...She said OK then, we will let him file. I asked her about the support and she said you certainly deserve it, if you have enough to get by on for now, let's see if he serves you and we can get demanding from there and it can be all retroactive back to the date he stopped sending anything to you.
Thank you all......
Sanderika
ME48/H48MLC T 33y M 28y S16 OW 8/7/05 Bomb 8/16/05 Sep 9/05 H f'd D 10/3/08 D pp'd 1/20/09,7/24/09,12/4/09 D dismissed 2/5/10 H served me D papers again 9/4/10 D dismissed 9/26/11