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Does my response time to divorce papers start from the date it was filed or the date I was served?

Oct 16, 2010

Divorce attorney Jason BowmanQuestion:

I was served with divorce papers that said I had 15 days to respond. The divorce papers were filed a couple weeks before I was actually served.

Does the period of response to a divorce petition start from the date the divorce was filed or the date I was served?

 


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Ask a Lawyer: Can I divorce my husband after abandonment?

Nov 29, 1999

Question:

My husband and I married, March 27, 1999. He walked out on me June 2003. We've had little contact with each other since then. He now resides in California, and has been there since April 2005. We have no children and no property to split. Can I file for divorce on my own? I am not financially capable of paying for an attorney, and am ready to move on with my life. Is there any kind of abandonment laws or anything that will work for me? Thank you.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Ohio. Even though he has abandoned you, you will still need to serve him. If you do not know where he is, hopefully your state will allow you to serve him by publication. That means by printing the filing of the action in a legal newspaper in the last known location for him. If you can serve him or he signs an Entry of Appearance and Waiver of Service (making service unnecessary), then all you need to do is prepare an agreement (each of you will keep all property in your possession and debt in your name) and have each of you sign and submit to the court. I do not know what you want the abondonment laws to do for you. It sounds like there are limited issues for the court to get involved in. You would probably be best served doing this amicably. Check out our resource page for Ohio to see what the requirements are to file for divorce.

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