Next step?


#1

Assuming the two documents are okay as notified in previous topic, what are my next steps?
I file these two documents at tthe Clerk’s office. Do I still have to wait 33 days from the date to continue?
I think I’m supposed to take the original and two copies of the Motion for Summary of Judgement form to the Clerk’s office and they will assign a court date. Do I still have to have a court date? One last question for now. On my Motion Cover Sheet, do I enter the Type of Motion or does the clerk?


#2

You fill in the motion cover sheet- not sure what you are asking on the other one but you can set the matter for hearing after filing your AOS and answer. You will need a hearing date for the divorce.


#3

I have the following two documents signed and notarized by the Defendant. The Defendant’s Acceptance of Service of Process and General Appearance. Are you calling this document the AOS ?
I also have the Defendants’s Answer to Divorce Complaint signed and notarized.
I believe that I take both of these to the Court and put in my file. Do I have to wait 33 days from the date of the signature on the forms before I continue? Or can I set a hearing date at that time?


#4

In my packet from the Court, it says I must wait 33 days from the date of service in order to give your spouse an opportunity to file an “Answer”(response) to the Complaint. I have the Defendant’s Answer to Divorce Complaint signed and notarized. Is that all I need or do I have to wait another 33 days?


#5

No, you don’t have to wait any additional time. You have the Answer already from her. Just file everything now and then you should be able to set a court date. The AOS I was referring to, sorry for not being clear since there are two, is an affidavit of service. You’ll need to type one up that just says how you served her. You have her Answer and Acceptance of Service, so you are good to go and can file those on her behalf. The affidavit of service form is not available on this site, but is contained in the DIY library.


#6

The AOS… I never received a returned mail receipt. I just received the forms back…How do I type one up? I have the Affidavit Of Service by Registered mail form… but no receipt.


#7

Can I use the Defendant’s Acceptance of Service of Process and General Appearance as my proof? Next question, how do I use the Affidavit of Service form with that? How do I type one up? I’m almost out of your hair…I appreciate all you’ve done :slight_smile:


#8

Ok… after reviewing my DIY instructions, I think I understand. Correct me if I’m wrong.
According to the instructions, it states Proof of Service of Process could be either Affidavit of Service by Registered Mail OR the Defendant’s Acceptance of Service of Process and General Appearance. Since I have the latter document signed and notarized, that’s my proof.
One question on the Motion Cover Sheet, for the Type of Motion, do I write in SUMJ (Summary Judgement) on the form? That is what I’m doing, right? Do I also write in my name in the “BY” category and her name in the “Against” category? This would say that I’m filing a Motion for Summary of Judgement against her. Is that correct?


#9

Yes, that is correct. You are filing a Motion for Summary Judgment to get your divorce finalized before a judge. You are the the plaintiff and she is the defendant.