Days from being served to divorce hearing


#1

I’ve read everything I can find and it states 30 days after the spouse was served for a hearing. Today the clerk of court told me it is 41 days and has always been that way. What am I missing?


#2

You are correct that you must wait 30 days after service on the defendant before scheduling a court date for an absolute divorce. This is to allow the defendant time to answer the complaint against them.

However, there are reasons that could increase the 30 day waiting period. If you serve the defendant by mail, then you must wait 3 additional days. If you file a motion for summary judgment, you must have that motion served on the defendant at least 10 days before the court date. Sometimes each jurisdiction has local rules that could affect the amount of days, which could be the what’s happening in your situation.