QUESTION

Do I have to wait another 30 days for him to respond or can I try to get a court date since it has been 30day since I filed?

Asked on Dec 20th, 2013 on Divorce - Rhode Island
More details to this question:
I have filed for a divorce from my husband. I sent the complaint by certified mail 30 days ago but he never picked it up from the post office. Then I went thru a process server and he was served!
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11 ANSWERS

The time for him to respond starts once he is served. In Arizona if he does not respond then you have to file an affidavit and application for default. There should be instructions for you to follow on the next steps to take.
Answered on Dec 26th, 2013 at 10:57 PM

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You have to wait 30 days after he was personally served. Then you can file a Request for Default. The divorce cannot be final until 6 months after he was served. In the meantime, you will have to serve Disclosures on him, by mail. Schedule of Assets and Debts, Income and Expense Declaration, and Declaration of Disclosure. Then file a Declaration re Service of Declaration of Disclosure. Then prepare the Judgment and Notice of Entry of Judgment. It is a lot of paperwork.
Answered on Dec 24th, 2013 at 11:20 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Good he was served he has 28 days from the date he was served to answer. If you have children you cannot get divorced until at least 6 months from date of filing if no children you have a 60 days those are the minimums and assume that you do not have property or support disputes relax.
Answered on Dec 24th, 2013 at 11:19 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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In Nebraska you have to wait 30 days from the date of service.
Answered on Dec 24th, 2013 at 11:18 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You need to wait however long your state gives for the person served to file an answer. In Idaho, that is 20 days. After that period, if no answer is filed, then you can file for a default judgment.
Answered on Dec 24th, 2013 at 9:19 PM

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30 days from the valid service in person you can file for a default judgment.
Answered on Dec 24th, 2013 at 9:18 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Your time began to run after he was served.
Answered on Dec 23rd, 2013 at 9:55 AM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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Nebraska has a mandatory 60 day waiting period before a final hearing can be held in a divorce. So the soonest you can have your final hearing is the 61st day after the process server served your spouse. For more information, you can visit the Nebraska Supreme Court Self Help pages regarding divorce online. Best wishes!
Answered on Dec 23rd, 2013 at 9:47 AM

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I believe he has 30 days, following the date he was served, to respond. If he has not responded within the 30 days following date of service, you may file for a default judgement of dissolution. Good luck.
Answered on Dec 23rd, 2013 at 9:43 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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In Utah, simply mailing your spouse the complaint for divorce isn't enough to constitute service under the rules of civil procedure. The rule is as follows* when it comes to serving your spouse with your complaint for divorce by mail (I have included some other excerpts of the rule just to give you some context): Rule 4. Process. (b)(i) Time of service. The summons together with a copy of the complaint shall be served no later than 120 days after the filing of the complaint unless the court allows a longer period of time for good cause shown. If the summons and complaint are not timely served, the action shall be dismissed, without prejudice on application of any party or upon the court's own initiative. ***** (d) Method of service. Unless waived in writing, service of the summons and complaint shall be by one of the following methods: (d)(1) *Personal service*. The summons and complaint may be served in any state or judicial district of the United States by the sheriff or constable or by the deputy of either, by a United States Marshal or by the marshal's deputy, or by any other person 18 years of age or older at the time of service and not a party to the action or a party's attorney. If the person to be served refuses to accept a copy of the process, service shall be sufficient if the person serving the same shall state the name of the process and offer to deliver a copy thereof. Personal service shall be made as follows: (d)(1)(A) Upon any individual other than one covered by subparagraphs (B), (C) or (D) below, by delivering a copy of the summons and the complaint to the individual personally, or by leaving a copy at the individual's dwelling house or usual place of abode with some person of suitable age and discretion there residing, or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service of process; (d)(2) *Service by mail or commercial courier service*. (d)(2)(A) The summons and complaint may be served upon an individual . . . by mail or commercial courier service in any state or judicial district of the United States *provided the defendant signs a document indicating receipt*. (d)(2)(C) Service by mail or commercial courier service shall be complete on the date the receipt is signed as provided by this rule. ***** (d)(4) Other service. (d)(4)(A) Where the identity or whereabouts of the person to be served are unknown and cannot be ascertained through reasonable diligence, where service upon all of the individual parties is impracticable under the circumstances, or where there exists good cause to believe that the person to be served is avoiding service of process, the party seeking service of process may file a motion supported by affidavit requesting an order allowing service by publication or by some other means. The supporting affidavit shall set forth the efforts made to identify, locate or serve the party to be served, or the circumstances which make it impracticable to serve all of the individual parties. (d)(4)(B) If the motion is granted, the court shall order service of process by means reasonably calculated, under all the circumstances, to apprise the interested parties of the pendency of the action to the extent reasonably possible or practicable. The court's order shall also specify the content of the process to be served and the event or events as of which service shall be deemed complete. Unless service is by publication, a copy of the court's order shall be served upon the defendant with the process specified by the court. (d)(4)(C) In any proceeding where summons is required to be published, the court shall, upon the request of the party applying for publication, designate the newspaper in which publication shall be made. The newspaper selected shall be a newspaper of general circulation in the county where such publication is required to be made. (e) *Proof of service*. (e)(1) If service is not waived, *the person effe
Answered on Dec 23rd, 2013 at 9:26 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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You have to wait 30 days from when he was served and you have to file the process server's proof of service d document with the court before you can get a hearing. Good luck.
Answered on Dec 23rd, 2013 at 9:25 AM

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