Motion for summary judgement?


#1

I just found out that I have a court date scheduled for August 17th for a motion for summary judgement. I served my ex with papers the first week of April, and he stated to me last week that he wanted to contest the divorce based on the inclusion of alimony in the separation agreement that is being incorporated into the divorce decree.

I was told that if he didn’t file and answer in the first 30 days that he can’t contest the divorce…is that true? Do I have to show up in court for the court date? I wasn’t even informed of the date…I had to call the courthouse to find it out after my ex stated that he was contesting. I’m a little confused…

I do plan to either sue for breach of contract or see if he’ll be held in contempt for not paying the alimony once the divorce is finalized…he was supposed to pay alimony until July 2010, and hasn’t made a payment since December 2008…


#2

If he did not file an answer in the first 30 days after he was served he has lost the right to answer. In any event he cannot contest the divorce itself, or the incorporation of the agreement at this point, unless the agreement itself prohibits incorporation.
You will need to appear in court on the date the hearing is set.