Absolute Divorce


#1

My husband and I have been separated for over a year. He filed the petition for divorce on his own and I was served over 30 days ago. I am not sure what I need to do now. I am not contesting the divorce, so I have not responded. Do I need to file an acceptance of service for it to be final? What do I need to do now? I spoke with the clerk and they told me that he needs to come back in to make it final.

Thank you,


#2

The time period to respond to the complaint has run therefore you do not need to file an acceptance of service. Your ex will need to file an affidavit of proof of service, and then request a hearing date when the divorce will be heard. So long as you were served you do not need to take any further action for the divorce to be completed.


#3

Thank you. What if he decided not to file the affidavit of proof of service and go through with the divorce for a while so that the divorce is not granted at this time? Can I file a petition for divorce myself so that it will be final in 30 more days? I have a feeling that he is going to try to drag it out for a while and I am ready for it to be final.


#4

You may, as the defendant, schedule a hearing date on your own. Service will be presumed if you come forth and engage in the action.