My ex and I appeared to be on the same page about our divorce (the bank is selling the house, my ex is keeping all property in the house, our son lives with me and sees my ex on weekends), so I went uptown and filed the divorce paperwork based on us being way beyond the year mark. Upon receiving the paperwork, my ex called me and stated that prolonging the situation is now the route being thought of. I was told by my daughter that my ex now wants to lie about the separation date (witnesses should be able to overcome that) and contest everything. My ex has everything. What can be contested at this point? Is my ex able to drag out this process? Neither of us has a lawyer so everything is being done self-serve. If my ex lies on the response, will that stop the entire process? Is my ex able to ask for more time to respond in order to drag out the process? Is there a way I can let the courts know my exes’ plans? How long of a delay could my ex cause by lying on the forms? Since the year and a day clause has been met, and I gave up my equitable distribution rights, is there any reason that the judge will not process the paperwork regardless of what my ex does?
Also, my ex has to have the response in by Tuesday. How do I find out what my ex said?
Your estranged spouse can file a motion to extend the time to answer the complaint, but you can file a motion for summary judgment before her answer is due as the timing for those motions is dependent upon the time of filing, not the time of answering. If he/she files an answer denying the date of separation, you will have to have a live hearing to present evidence of the correct date.
You have not given up your equitable distribution rights until that divorce judgment is granted so if you still have property issues pending, you should file an action for equitable distribution before that time.
I am in a similar situation and wanted to know exactly how to file a summary of judgement. Is this something I fill out at the court house or since husband filed the papers and I got served yesterday would I just put that it my response. How would I request that my personal property prior to marriage be returned to me as well. There are some things that were left behind and I have spent a year and half trying to get them back but my husband has refused to give them to me.
There are many ways you can proceed with getting your divorce granted, including having a live divorce or using a summary judgment motion. You can refer to our divorce guide for more information on how to proceed.
If you want your separate property back, you need to file a claim for equitable distribution before the divorce is granted. Even if the property is not marital, this is the best way to get a court to grant an order that he must return the property to you.