QUESTION
Do I need to re-file divorce if I did not serve my spouse within 60 days of filing?
Asked on Mar 10th, 2014 on Divorce - Washington
More details to this question:
I filed for a divorce on 8/23/2013 and after I filed, my husband asked that we try to work on things. I have decided to move forward with the petition and I was getting ready to submit the paperwork to the process server to serve him. But I noticed that the paperwork states I have to serve him within 60 days of filing. Can I still serve him? I’m not sure if I need to file anything new with the court?
10 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Have him served under the existing case.
Answered on Mar 11th, 2014 at 11:04 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Depends on your local Rules of Court, I would have him served, if he objects the Judge will make a decision.
Answered on Mar 11th, 2014 at 10:22 AM
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In Nebraska, if the summons is not served in 60 days it expires. You would do a Praecipe for Alias Summons to request a new Summons from the Clerk of the Court to serve him. The waiting period/answer deadline, etc. will all be calculated from the date he is actually served, not the date you filed or the original summons issued.
Answered on Mar 11th, 2014 at 3:08 AM
No the same case can be re opened.
Answered on Mar 11th, 2014 at 3:07 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and stop playing with the rest of your life.
Answered on Mar 11th, 2014 at 3:07 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Serve the complaint.
Answered on Mar 11th, 2014 at 3:07 AM
Unless the court has dismissed your case for failing to move forward, you can go ahead and serve him now.
Answered on Mar 10th, 2014 at 7:37 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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You can just go ahead and serve the Summons and Petition and any other accompanying documents along with a blank Response form.
Answered on Mar 10th, 2014 at 7:37 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You need to check to see if the court dismissed it because you did not serve for so long. If the court dismissed it, you need to file again. If it didn't you can have him served and proceed.
Answered on Mar 10th, 2014 at 7:35 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You either need to refile or ask the court to reinstate the original filing.
Answered on Mar 10th, 2014 at 7:35 PM