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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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  #1  
Old 05-18-2007, 04:46 PM
dickstacie dickstacie is offline
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Default affidavit of service question...

I had served my ex and his lawyer today with a draft order of our minutes of settlement for their consent. I was kinda unclear about going about it within the family law rules..but i submitted anyways...do I have to do an affidavit of service for these documents and submit same to continuing record or do I just wait for them to serve me with a signed draft? I'm not sure how that works...any info on this would be appreciated.
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Old 05-18-2007, 06:46 PM
logicalvelocity logicalvelocity is offline
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dickstacie,

you have to wait ten days. However, note when the draft order was served.

When counting days since its over 7 count the holiday weekend. Was it served before 2 p.m. or after?

If it was before 2 p.m. - service is effective today, if it was served after 2 p.m. service is effective on Tuesday.

With that said, 10 days from today or 10 days from nest tuesday depending on the 2 p.m. threshold.

Today - 10 days elapse after 14:00 hrs on May 28, 2007

Nest Tuesday - 10 Days elapse after 14:00 hrs on June 1, 2007

If you don't hear from then your draft will prevail- If they dispute or contest the draft they have to serve upon you notice of sipute of order within the 10 days.

lv
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Old 05-18-2007, 07:00 PM
dickstacie dickstacie is offline
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it was served after 2 p.m. today...so it would be june 10th...thanks again...your the best!!!
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Old 05-18-2007, 07:03 PM
dickstacie dickstacie is offline
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sorry..typo...june 1st...thanks again.
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Old 05-18-2007, 07:07 PM
dickstacie dickstacie is offline
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oh yeah..so if they dispute it, we would schedule a telephone conference with the registrar...then what if that doesn't work? would the matter of dispute be brought up before the judge again until it is settled?
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Old 05-18-2007, 10:45 PM
logicalvelocity logicalvelocity is offline
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dickstacie,

If the matter is not settled before the Registrar, the matter will go before a Judge.


lv
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Old 05-20-2007, 09:44 PM
dickstacie dickstacie is offline
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just one more thing...if I served on friday after 2 p.m., do I put on the form that it was served tuesday or friday?
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Old 05-21-2007, 04:43 PM
logicalvelocity logicalvelocity is offline
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dickstacie,

Put on the affidavit of service the exact date and time it was served and method of service. However, due to the rules, service is not effective until Tuesday as Monday is a Stat holiday.

lv
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