Plaintiff not returning proof of service


#1

I’ve been served the civil summons by certified mail, signed for it on December 31, 2014, but my estranged (who happens to be a divorce attorney) has not provided the proof of service to the clerk’s office and is not responding to repeated requests for communication. It’s been two months. I’ve just discovered I can file an “Acceptance of Service” but can I then request a court date and try to persuade the judge to grant the divorce?


#2

Yes, you can file an acceptance of service. If your spouse does not calendar the hearing then you can do so.


#3

Is it likely the judge will consider the case without the plaintiff being present and the defendant completing the remainder of the paperwork?


#4

So long as all other requirements have been met, this should not be a problem.