Dads Divorce - Free custody and alimony advice for men and fathers.
Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> response
Question: I filed for divorce on 6-15-2005. In the complaint, it states in the summons: "To the Above Named Defendant: You are hereby summoned and required to file with the Clerk of said court and serve upon the Plaintiff's attorney, whose name is: (Name & Address of my attorney) an answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint" The relief I demanded was no-fault divorce, custody of our 2 minor children, and an equitable division of our marital assets. The deadline for my STBX to answer was 7-29-2005. My attorney heard nothing from her until 8-30-2005. He said she answered. I asked him whether that was allowed, he said yes because there are minor children involved and the court allows latitude because of the kids. I called the Civil Clerk, and someone in that office told me the same thing. It still doesn't sound legal. Is the court allowed to go back on its word like that? Answer: I am not presently licensed in the State of Georgia and therefore cannot answer you question specifically to the laws of that State. In my jurisdiction, you could have had a default hearing as early as July 30, 2005. However, if she moved to set aside the dissolution and custody order on August 30, 2005 in all likelihood the court would have set aside the divorce judgment and allowed her 20-30 days to file an answer.
Question: If it is done via certified mail, what date is it effective? I travel a lot so is it imperative that I pick it up immediately? Additionally, my wife says she filed a restraining order and when I asked what the grounds were, she wouldn't tell me. She only stated that I can read it. I have never given any reason at all for a restraining order and am wondering what the implications are for a restraining order. Is it something I should contest? 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 Tennesee. I do not know if that is an effective service method in your state. I suggest you get a copy of the Order and review it carefully. I do suggest you seek counsel immediately to answer your question about the alloted time to respond, and to determine if you should contest the order. In general, you should contest this issue, especially if there are children involved. The Restraining Order can impact a custody decision by the Court.
Question: My soon to be ex-wife has just had me served with my writ of summons. My question is: do I need or have to fill out a financial statement? Second question: she listed a condition of visitation, do I need to respond to this? Is there anything else I need to do in order to protect myself? 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 Maryland. In general, financial statements are required by the jurisdiction prior to entry of a divorce. You can contact your local courthouse regarding those forms, and when they need to be filed. I am unsure what you mean as a condition of visitation. I suggest you seek counsel from a local attorney to at least determine where this matter stands and to protect yourself as fully as possible.
|
