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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 05-17-2009, 08:16 PM
Narayana Narayana is offline
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Default Affidavit for Form 14A

Hi,

My spouse left me a year back when we were married for just around 1 year. She left in my absence while I was in the office. After 3 weeks, I received a letter from her lawyer stating that separation has taken place and I should not contact her and any communication should be to him only. Since a year has passed, I filed my Application Form 8A for a Simple Divorce in the court and got the court file number. I went to her lawyer's office to serve the Application Form for divorce but he refused to accept service saying he is not a Retained Lawyer for her and he does not even know her whereabouts. Since I do not have any contact details for her, I am unable to serve documents to her. I went back to the court and the clerk advised me that I must file form 14A - Affidavit, 14B and 14D. She said I can request the judge for either Substitutional service or to pass an order that service is not required.

Now the Affidavit that I am giving with all details about efforts I have taken to serve the documents to her, how detailed should it be? Can I give background of all the hell she subjected me to before separation? Since she herfself made the lawyer send me the separation notice but now has not even bothered to inform me her contact details nor inform me if she has a new lawyer, what are the chances of me getting an order from Judge that service is not required? The court clerk found it very odd that her lawyer who made it very clear that communication should be with him only has refused to accept service. The fact that she has not retained him as a lawyer probably means she has no lawyer and maybe does not intent to contest the divorce.

Any suggestions how I should go about things? Any help and guidance would be really appreciated.

Thanks.

Regards,

Narayana
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Old 05-18-2009, 06:55 AM
standing on the sidelines standing on the sidelines is offline
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If this is just for service then do not include the reasons for the divorce etc. It is not odd that the her lawyer refused service because it was a year ago that he was involved and things may have changed since then, she may have dropped him as a lawyer or could not pay a retainer. Do not think for a minute that she may not contest the settlement part of the divorce.

Just include the efforts that you have put into getting her served with the papers and that is all you need to do.
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Old 05-18-2009, 10:49 PM
Narayana Narayana is offline
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Default Affidavit for Simple Divorce

Thank you for your reply to my query. In order to reaffirm and assure myself, I have a few related queries:

1. If I give the background details of various incidents, will the court accept such an affidavit?

2. If they do, will it help in getting a favourable order from the judge to either dispense with need for service or to use substitutional service or it doesn't matter at all.

3. If my application for simple divorce is contested by my spouse, then at that time will I have the opportunity to describe in details her behaviour, conduct or I won't be able to add anything?

4. Would you be able to cite some case or is there by any chance I can get some sample affidavit filed in a simple divorce application.

An earlly reply would really help me. thanks for all your help.

Regards,

Narayana
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affidavit, form 14a, form 8a, simple divorce


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