I have an attorney that is representing me in my divorce for assets, alimony, etc. I recently received a summons in the mail for absolute divorce. It wasn’t sent to my attorney, but to me. My attorney says it is a different law suit that is just for the divorce. However, in the wording of the paperwork it says, “pending alimony and division of assets”. My attorney says don’t worry about going to the summons it is just for the divorce. He could go, but just a waste of my money. We are not contesting the divorce.
Should I go or not? I think what he is saying is right, but don’t understand why her attorney is sending me the summons and not my attorney. I don’t want to make a costly mistake by not going, but he told me not to go. What do you recommend me doing?
I recommend that you take the advice of the attorney that you have hired to represent you. It is very common that a second lawsuit must be filed for divorce, and if it is a new lawsuit, the plaintiff must serve you with a new summons, which is likely why it went to you and not your attorney.
My attorney says he has reviewed the proposed divorce judgment from her attorney, and has approved it. What is a proposed divorce judgment? I thought it was just for the absolute divorce. I asked for a copy of the proposed divorce judgment. will this tell me what the decision was made if just for the divorce or for other assets, alimony, etc.?
The proposed divorce judgment is for the divorce alone, and since the opposing party filed the claim separately, the action for equitable distribution and alimony should not be affected.