Summary Judgment


#1

My husband filed a divorce complaint. I was served. I filed an Acceptance of Service, Waiver of Right to Further Answer." Subsequently, my husband has stated that he will not set the matter on the calender or take any further action. Can I file a Motion for Summary Judgment? If not, is there any way I can move this along without him?


#2

Yes, you may file a Motion for Summary Judgement and set the matter for hearing.


#3

Thanks Erin. Two more issues.

  1. Do I need to wait any set amount of time prior to filing the Motion for Summary Judgment?
  2. At the hearing, will I have to affirm or deny the date of separation as set out in my husband’s complaint?

#4

You may file for summary judgement now, and the hearing can be set 10 days after the motion has been filed.

You will have to affirm the date of separation as, in order to obtain a divorce by summary judgment there must be no disputed facts.