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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 11-04-2008, 09:28 AM
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Question What Now? - She's Been Served

We started our court case. My fiancé served the mother of his son with court papers last week. We filed the Affidavit of Service the other day, and were told she has 30 days to respond.

What now?

Will we get copies of her responses? How?
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Old 11-04-2008, 11:44 AM
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IF she responds, then yes, you will get a copy. My experience has been for the person who has been served to wait as long as possible before finding a lawyer, and then getting an adjournment during the first court appearance.

Everything depends on what you filed for - access? custody? child support?

Best of luck!
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Old 11-04-2008, 12:24 PM
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Quote:
Originally Posted by AndrewsKim View Post
IF she responds, then yes, you will get a copy. My experience has been for the person who has been served to wait as long as possible before finding a lawyer, and then getting an adjournment during the first court appearance.

Everything depends on what you filed for - access? custody? child support?

Best of luck!
Very true. When she took us to court last time, we rushed to get a lawyer and get our reponses in on time. Granted, they were a few days late, but our lawyer got permission from the court and the other lawyer to file them a few days past the "due date." We made it to the case conference, ready to have it settled... only to have the bio-mom (who was the one that started the court process) not show up!! So, we had to schedule another appearance. It was such a waste of time!

All we're filing for is a temporary relief of child support (my fiancé lost his job two weeks ago) until he finds a new job or begins to receive EI - whichever comes first. That, plus a few minor changes to the wording of the current order to eliminate its ambiguity. Nothing major.

IF she responds, is she the one that has to provide us with a copy, or does the court do that?
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Old 11-04-2008, 12:26 PM
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It will either be her or her lawyer that will have to serve you with the answer and anything else that is being filed to the court with that.
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