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Motion to Sever

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  • Motion to Sever

    So I took the day off work to go down and file my divorce papers. All issues have been resolved via a Final Order save for the actual divorce itself, so I was excited to finally put it all officially behind me.

    Long story short - after much line-waiting, form-filling and confused expressions - the clerks realized that the judge had not severed the divorce from the rest of the issues in the final order. Then began a lengthy debate amongst the clerks as to what to do. Half felt that since the final order resolved all custody, access and support issues that I could simply proceed with the divorce via affadavit. The other half thought I needed to have the judge formally sever the divorce from the other issues first or the affadvit would be denied.

    In the end, paperwork was filled out for a motion to sever, which should take about 2-3 weeks, after which I can then file for divorce via affadavit.

    I share this in part to b*tch about the runaround and delay I now have to endure, but also to ask if anyone else has encountered this? The clerks were literally split down the middle and no one seemed to know for sure whether the affadavit would be accepted without the severence being specifically noted in the final order. Does anyone have any insight on this?

  • #2
    I can see the clerks divided, but, with your situation, you have now given them experience to resolve similar in the future for others.


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