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#672900 - 10/21/10 01:45 PM help! he has filed but not served them
scaredwoman Offline

newbie

Registered: 10/18/10
Posts: 27
Husband has filed divorce papers, our 10th anniversary is today. His attorney told mine that they weren't going to serve them since I am 150 miles away, my attorney is 100 miles away. Long story short: He talked about "maybe" wanting divorce July 19th, for 50 days I used the "Love Dare" with minister friend and attempted to salvage marriage since he did not move out. I left the house Labor Day, he locked up the house with all my stuff and personal belongings. At the end of labor Day he had me served with bogus protective orders and we have court date next week, the 27th. Now he has filed the divorce papers but not serving me so I guess I have to drive up to sign for them? So far everything he and his attorney do cost me money! Can they just file and not have them served????

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#672901 - 05/28/13 11:57 PM Re: help! he has filed but not served them [Re: scaredwoman]
tonydenozo Offline

recently joined

Registered: 05/25/13
Posts: 12
A divorce is basically a civil suite the same as if you sued. My advice is to counter file for divorce and have him served by a process server your attorney can advise with him being out of state. Sounds to me like he is just playing you and divorce is not a game especially if children are involved. After you file you can ask your attorney to file for a motion to recover your belongings from the property. I know I have gone on a lot of those as a deputy sheriff. One thing to remember is if he has truly filed for divorce he has made up his mind and your not going to change it. Unless he is busting his butt trying to save the marriage by wanting you to go to a joint marriage councilor or your pastor and really seems sincere that he is willing to do what it takes to save your union, he is not serious. So I would go ahead and file. If he tries to wiggle out and not show up or puts you off it will hurt him in court. I hope this helps God bless you.

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