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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-08-2009, 12:13 AM
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metro is on a distinguished road
Default The Application served, but not issued.

I was served Application by my ex about 20 days ago. I got my Answer & Financial Statement ready to be served back to my ex.
I stopped by the court to pull out my case to double check the status, and found the Application I was served was not filed and issued by the court, which means (I was told) there is no official Application I am responding to and I can't serve my answer until my ex files Application to the court.
The Answer should be filed in 30 days after being served and I don't get what to do next. I don't hear any reponse from my ex, and we expect the case conference in 2 weeks(booked by my ex). A case conference without Application and Answer?
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Old 04-09-2009, 10:32 PM
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a few things...

Did the documents you received have a court file number on them? If not, then they should have, and that may be the reason the court can't find them... she has to file them with the court before she gives them to you, and they have to give it a number... then she has to prove you were served with an affidavit.

Secondly, you dont file the answer with your ex, you file it with the court... just to be clear. But you probably knew that already... sicne you went there...

Thirdly, who served you? Your ex? usually such things are done by a process server or someone other than the applicant, in this case, your ex. If she's doing this herself, then she may not have done things in the right order, or is just playing games.

Forth, has she hired a lawyer? Have You? or are you both doing it yourselves?

I suggest you go back to the court and see if they can find ANY documents with either your exes name or your name on them. tell them your problem and the implied timeline involved. Ask them if they can verify the case conference date you were given with the court calendar. That should sort it out. And if they find nothing, then your ex hasn't followed the procedure properly or is just playing games.

Good luck
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Old 04-09-2009, 11:09 PM
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before indygal gets a chance to correct my mistake I will do it lol.

She has to serve you with the docs before you she files them with the court. but they should still have a number on them.
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Old 04-09-2009, 11:26 PM
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So it seems that I've given you a few pieces of wrong info. let me apologize and (attempt to) correct myself.

Like her, you DO have to serve her with the answer docs first and THEN file it with the court.

If they dont have anything on file, then she probably hasn't filed her application yet. you will probably have to wait until she does.

The she has an opportunity to 'reply' to your 'answer', and the same serving process applies.

Im not sure what happens if she fails to file the documents in a timely enough fashion for you to file your answer and for her to reply to your answer (if she wishes). That's a question for someone who's more in the know than me.

I'm going to stop giving advice now LOL. Just got a little caught up in the action.
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