How long after I file for divorce will I receive something? 51 Answers as of August 10, 2012

My spouse filed for divorce 2 months ago, but I haven't received anything. Is there action I need to take?

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Law Office of George M. Derieg
Law Office of George M. Derieg | George Derieg
Your spouse will need to personally serve you the divorce petition and summons. Once you are served the petition and summons, you are given 30 days to respond to the petition, and after file a response and serve it on your spouse, you will then choose a court date for a first hearing. If your spouse has not served you yet, then the court does not have jurisdiction over you.
Answer Applies to: California
Replied: 8/10/2012
Harkess Law Offices | Nancy Harkess
You have 20 days to Answer a Complaint after you've been served. If you do not agree completey with the Complaint, you should file a counterclaim. If you do not answer, your spouse may obtain a Default Judgment.
Answer Applies to: Nevada
Replied: 8/7/2012
Law Office of James Bordonaro
Law Office of James Bordonaro | James Albert Bordonaro
You should have received a Summons at the same time as a copy of the Petition for Divorce. If not, contact his attorney or the Court to find out what the delay is.
Answer Applies to: Kansas
Replied: 7/31/2012
Victor Varga | Victor Varga
Yes, you need to file an Answer to his Complaint (usually within 30 days of the Complaint being personally served on you). If you haven't been served, there's nothing that you need to do. If you have, you need to respond.
Answer Applies to: Maryland
Replied: 8/7/2012
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
You should have been served with the complaint that was filed by now. If you are personally served, you have 21 days to respond. If you are served by mail, you have 28 days to respond. If you are sure that your spouse filed a couple of months ago it might make sense for you to contact him and arrange to get a copy of the complaint.
Answer Applies to: Michigan
Replied: 8/7/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Your spouse may not have asked for a citation to be issued. There is no time limit per se, many people who file on their own do not get citations issued until someone tells them to do so.
    Answer Applies to: Texas
    Replied: 8/7/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    If your spouse filed for divorce and you haven't been served properly, then you're under no obligation to take any actions as the court has no jurisdiction over your person and therefore cannot make any judgments against you until you have been properly served.
    Answer Applies to: Mississippi
    Replied: 8/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you have never been served or acknowledged the suit this is longer than normal. You need an attorney.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
    You should be receiving a summons from your spouse, which would include court dates. And unless you file any motions or proposed orders in RI family Court, you can expect to receive nothing.
    Answer Applies to: Rhode Island
    Replied: 8/6/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You need to take the summons and divorce complaint served upon you to an attorney so that he can advise and represent you.
    Answer Applies to: New Jersey
    Replied: 8/3/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You should consult with an attorney. It is possible that he is claiming that he can't find you to serve you and that the divorce is proceeding without you based on false pretenses.
    Answer Applies to: Florida
    Replied: 8/3/2012
    Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
    In MN the serving of a petition for divorce begins the process. In some cases attorneys or pro se clients send the petition to the other party without filing it in court in order to see whether there can be some sort of agreement. In other cases, one files immediately in court to start the trial process. If you have been served, you have 30 days to respond if you do not agree with what your spouse is requesting. It is important to keep this deadline. If you haven't received anything you can check MN court records to see if it has been filed in court, or you can call the Court in the county the divorce will be heard and check whether it has been filed in court. More importantly however is that 30 day deadline to respond to what you received.
    Answer Applies to: Minnesota
    Replied: 8/1/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    If he filed, you would have been served with a summons and complaint and you had to answer the complaint within 21 days.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    If you want the divorce go to the Court get the papers and hire an attorney and answer It sounds like she is waffling.. the divorce action will most likely be dismissed because the summons will have expired if she (or her attorney) does not serve you within 90 days after filing.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    Law Office of William L Spern | William Spern
    You must be served with the complaint. You than have a fixed period of time to respond or a default will be entered against you. You should receive a copy of the default. You should get an attorney or appear personally, deny all allegation that you do not have personal knowledge of or with which you disagree. You must act to protect your property rights and custody of your children if that is an issue. In Michigan, a divorce cannot happen for three (3) month if no children or six (6) months if children without a modification of the rule.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    Law Offices of Maryanne Spryszak-Hanna PC | Maryanne Spryszak-Hanna
    You should have received something almost immediately. Call the court or his attorney to see where the papers are. Perhaps they came and you missed them. Perhaps he is running a scam on you. The court will know if it has been filed and if there is a proof of mailing on file. If not, the attorney for his should knbow where those papers are.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    Law Office of Joan M. Canavan | Joan Canavan
    Your spouse should serve you with the Complaint for Divorce and Summons. I would contact the probate court of the county in which you live and give the divorce department your Husband's name and your name to see if he did actually file the Complaint. Although he may have filed 2 months ago, he could have received the Summons from the Court and has chosen not to serve you yet.
    Answer Applies to: Massachusetts
    Replied: 8/1/2012
    Alvin Lundgren | Alvin Lundgren
    Your have 180 days to serve your spouse with copies of the petition for divorce. Thereafter the spouse has 20 days to file an answer.
    Answer Applies to: Utah
    Replied: 8/1/2012
    Attorney At Law | Harry D. Roth
    Filing is just the very first step on a very long road. If you are going to wait for the papers from your spouse to arrive, it could very well be like Hamlet waiting for Rosecrans and Guildenstern; they aren't coming. If you are serious about getting divorced, take the bull by the horns and start doing stuff yourself.? Hire a lawyer or buy a book (or borrow it from the library) and do it yourself. Wait for the other party at your own risk. You will still be married when it's time for Social Security. Harry Roth
    Answer Applies to: California
    Replied: 8/1/2012
    Attorney at Law | Aimee C. Robbins
    You should have been personally served by an agent/process server or sheriff with the Summons and Complaint for Divorce so you would have had Notice. Your husband would have had to file an Affidavit of Service for the case to move forward, otherwise his case will be dismissed. You should go to the courthouse and check in central files if a case has been started. It if has, you should move to dismiss it for lack of service of the Complaint of Divorce.
    Answer Applies to: Maryland
    Replied: 8/1/2012
    Weinpel Law Office, P.C. | Marc Weinpel
    If you are sure that he "filed" you should check the status of your case here: https://www.idcourts.us/repository/start.do Service of papers upon you must occur within 6 months of the "Summons" being issued.
    Answer Applies to: Idaho
    Replied: 8/1/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    I suggest you contact the Court Clerk, where the divorce was filed, in order to get updated on the status.
    Answer Applies to: Florida
    Replied: 7/30/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    You will not receive anything if your spouse is not doing anything. You can go to the courthouse to look at your file or you may be able to access it on line. Call the Clerk of your local Family Court.
    Answer Applies to: Florida
    Replied: 8/1/2012
    The Law Office of Eric J Smith
    The Law Office of Eric J Smith | Eric Smith
    You are required to be served the petition or waive service for the proceeding to go forward. If you want to move the proceeding forward, you can file a waiver or answer yourself. If the petition was really filed, it is available at your district clerk's office.
    Answer Applies to: Texas
    Replied: 8/1/2012
    Hanna Legal, LLC
    Hanna Legal, LLC | Jen Hanna
    If you haven't even received a copy of the divorce documents, and you do want a divorce, you need to arrange to get a copy from your spouse and arrange for an admission of service to be filed with the court. Once you have the papers, it will be four months before anything can be finalized. If you and your spouse agree on everything, filing a marital settlement agreement with the court will speed things along.
    Answer Applies to: Wisconsin
    Replied: 8/1/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    As I understand your question, you have not been served with a copy of the complaint for divorce. If so, you may either wait for a copy to be served or, in the alternative, go to the clerk of the circuit court and request a copy. You will probably require the assistance of an attorney to prepare, file and serve the appropriate answer to the complaint, discovery, etc.
    Answer Applies to: Alabama
    Replied: 8/1/2012
    Law Office of Gregory Crain | Gregory Crain
    They have 120 days to serve you.
    Answer Applies to: Arkansas
    Replied: 8/1/2012
    Ezim Law Firm | Dean Esposito
    It should not take that long to serve you. You can go to the courthouse, get a copy of what he filed, draft and answer & reconventional demand requesting a hearing date and have him served with it.
    Answer Applies to: Louisiana
    Replied: 8/1/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Yes, get your financial Affidavit on file and ask the Court Administrator to set a hearing on the final decree so you can get it finished.
    Answer Applies to: Iowa
    Replied: 8/1/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    The party filing for the divorce (the plaintiff) is issued a summons along with his complaint. The summons is only good for 90 days. The plaintiff must serve the defendant with the summons and complaint within those 90 days. If not, the summons will expire and the case will be dismissed. If you have not been served with the summons and complaint, there is no responsibility on your part to do anyhing. Once served, however, you will have either 21 or 28 days to file and answer (depending upon how you were served) or a default could be entered against you.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You don't provide enough information to understand the situation. But, you won't receive anything from a court - most of the information and documents concerning the current status of the case will be your spouse's responsibility to notify you. Except for those things that he is required to notify you about, it is your responsibility to keep up with the process and learn what you need to do on your own. You should consult an attorney to learn more about the process of handing the case.
    Answer Applies to: Colorado
    Replied: 8/1/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Check the docket to make sure there is no Affidavit of Service.
    Answer Applies to: Nevada
    Replied: 8/1/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Yes, you need to move for temporary orders or push the case to trial.
    Answer Applies to: Washington
    Replied: 8/1/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    You should take the initiative to contact the clerk of the court in the county in which he filed the case to determine the status.
    Answer Applies to: Washington
    Replied: 8/1/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    Generally you get served with a copy of the summons and petitioner within the first week or so of filing. You can go to the court and get a copy of what was filed.
    Answer Applies to: California
    Replied: 8/1/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Once you have been served with a summons and complaint, you will have 21 days to file an answer. If you don't answer, a default will be entered against you. You may wish to consult with an attorney who can arrange for service and the filing of an appropriate answer.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You should have received something right away but if you have not you could go to the court house and file a response.
    Answer Applies to: California
    Replied: 8/1/2012
    Law Offices of Frances Headley | Frances Headley
    You should have been served by now. You should check with the court to see if anything has been filed.
    Answer Applies to: California
    Replied: 8/1/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You must be served with the Summons an Petition for Divorce. After you are served, you must file an Answer indicating the facts of the case and your requests for relief. If you fail to file an Answer to the Petition, the case may be proceed as if by default.
    Answer Applies to: Minnesota
    Replied: 8/1/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, if you were served with a divorce petition and summon, then you need to file a "Response" (form FL-120) ASAP. Read the summons. It informs you that you have 30 days to respond. I'd strongly suggest that you immediately set up an initial consult, and ultimately hire a local family law lawyer to help you. If you can't afford a lawyer, you can seek free assistance from your local court's "Facilitator."
    Answer Applies to: California
    Replied: 8/1/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Once you are served with the paperwork, you need to file a response within 30 days. I advise you to check with the courthouse and determine whether a proof of service has been filed.
    Answer Applies to: California
    Replied: 8/1/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    If you are doing a divorce without an attorney you need to follow the steps than an attorney would. I suggest you look at the Wisconsin State Bar website and look at their resources section to gather the information you need.
    Answer Applies to: Wisconsin
    Replied: 8/1/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    Due to financial constraints local court house and sheriff's departments are running behind. You can call the local sheriff department and ask for someone who serves civl complaints. Once you get to the right person, you can verify the best way to pick up the papers yourself. Once you are "served".... you will have 30 days to respond (I suggest retaining counsel) to file your answer. An attorney can then work towards a resolution for you.
    Answer Applies to: Alabama
    Replied: 8/1/2012
    Peyton and Associates | Barbara Peyton
    Absolutely If you haven't been served with papers check with the court he filed in to see what is going on. You can voluntarily file a Response to keep things moving along. sometimes a spouse will change his/her mind about going forward or pretend the papers have been served. You need to take some action to protect yourself.
    Answer Applies to: California
    Replied: 8/1/2012
    Law Offices of Tobie B. Waxman
    Law Offices of Tobie B. Waxman | Tobie B. Waxman
    He is supposed to serve you with the papers he filed with the court. To be on the safe side, I'd go pull the court's file and make sure he didn't file a proof of service. Or, you can check the court's website to see if a proof of service has been filed.
    Answer Applies to: California
    Replied: 8/1/2012
    Steven Alpers | Steven Alpers
    Yes you must reply to the petition for divorce and push the issue of support or property division. You probably will get nothing until you push the issue. There does not seem like much incentive for him to help you out.
    Answer Applies to: California
    Replied: 8/1/2012
    Attorney at Law | John P. Rivers
    Apparently, you are not represented by an attorney. You need to employ a competent and experienced family law attorney and follow his advice. At this point it would seen that you should have had a temporary hearing. While the divorce action is pending,you should secure a temporary order from the court. The most common order is one for temporary support in which the wife and the children are awarded a certain dollar amount which is usually paid into the office of the Child Support Receiver or Clerk. This order may also be accompanied by an order providing for temporary use of the home place and temporary attorney's fees. Another common temporary order is one which provides for injunctive relief to prevent either spouse from harassing, phoning, contacting, bothering, or otherwise molesting the other. In many jurisdictions there is a standing order that covers most of these points.
    Answer Applies to: Georgia
    Replied: 8/1/2012
    Salladay Law Office | Lance Salladay
    I am assuming you have not been served with a Complaint yet- If you intend to contest the divorce or any part of whatever he asked for in his complaint you must file an Answer within 20 days of receiving the Complaint. If you have not been served then until you are there is nothing for you to do.
    Answer Applies to: Idaho
    Replied: 8/1/2012
    Law Office of Ronee Korbin Steiner PC | Ronee Korbin Steiner
    If you haven't been served, then nothing will happen until he serves you the documents.
    Answer Applies to: Arizona
    Replied: 8/1/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Call the civil process section of the county sheriff's office and tell them you need to be served.
    Answer Applies to: Florida
    Replied: 8/1/2012
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