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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 02-07-2012, 12:46 PM
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Default Motion Hearing Thursday!!! Help

So I went to my DRO hearing which turned out to be a collossal waste of time!!! I have since filed a Motion to include Equalization and division of assets etc, asking for actual documents that verify the amounts he has said, which are far from accurate!!! I went to court today to file my affidavit of service etc, as it is scheduled for Thursday at 9am, and he and his gf were there too to file his affidavit of service as well, which he left on my front porch last night!!! Can he do that?? Why do I have to serve him and he doesnt have to jump through the same hoops?? His gf, IN THE FILING OFFICE, with her 2 yr old on her hip, threw the papers at me and said, "well, now you have been served".... is that allowed?? How can I ensure that I am prepared for Thursday?? What can I expect in this hearing??

Thanks in advance for any help!!!
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Old 02-07-2012, 01:23 PM
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Tayken is on a distinguished road
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Quote:
Originally Posted by baclayton View Post
So I went to my DRO hearing which turned out to be a collossal waste of time!!! I have since filed a Motion to include Equalization and division of assets etc, asking for actual documents that verify the amounts he has said, which are far from accurate!!! I went to court today to file my affidavit of service etc, as it is scheduled for Thursday at 9am, and he and his gf were there too to file his affidavit of service as well, which he left on my front porch last night!!! Can he do that?? Why do I have to serve him and he doesnt have to jump through the same hoops?? His gf, IN THE FILING OFFICE, with her 2 yr old on her hip, threw the papers at me and said, "well, now you have been served".... is that allowed?? How can I ensure that I am prepared for Thursday?? What can I expect in this hearing??

Thanks in advance for any help!!!
That is all that is required for service.

What is the motion for and why was the hearing set so suddenly? Are you on an express case of some sort?

You need to respond to the affidavit materials that were served on you. Odd that affidavits were served at the same time. Was the motion set to be pre-emptive on both parties? Generally the Applicant to the motion files the affidavit, the respondent responds and if permitted (or needed) the applicant can file a response.

What you have described is a bit of a weird mix.

Good Luck!
Tayken
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Old 02-08-2012, 10:42 AM
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Im not sure what you mean... the Motion hearing is a month after the DRO hearing and the reason for the Motion hearing is to ask to ammend the claim to include equalization etc... The DRO is apparently a pilot project to replace the Case conference....
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