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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 08-22-2009, 08:06 PM
wits-end wits-end is offline
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Just a question about what happens when my STBX fails to file an answer to my application. I cannot afford legal representation. Therefore I am doing this on my own. It has been well over the 30 days given for the STBX to respond. I have filed a Form 23c Affidavit for Uncontested Trial as well as a draft order and FRO paperwork. My Form 23 c and draft order mirrors my application completely...I have not asked for anything different. The biggest issue at this time is custody. In my application, I asked for sole custody of the children, fair and liberal access for my STBX, child support, plus equalization of net family property.

I guess my question is...what happens now? I was told by the court clerk that I was not required to serve my STBX and that the paperwork would go before a judge. All I was asked to include was a SASE for myself, nothing for my STBX. Also, how does a judge know how to equalize family property when nothing was filed by my STBX? I filed a financial statement with my original application.

How long would I typically have to wait before I hear anything? Or should I be calling the courts? Any ideas on how a situation like this would typically play out?

Thanks for your help.
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