I am representing myself in an uncontested divorce with 1 child and no assets. When I went to court yesterday for my trial, the clerk told me that the process server had not returned the proof of service so there was no record he had been served. The clerk told me to go pay to have the sheriff serve him and she reset my trial for 90 days from yesterday. My husband has not filed an answer to the original petition and refuses to go to the parenting class. As a result of all of this I have had to amend my original petition. My 1st question is:
1. Do I need to include a copy of my original petition with my amened petition when I file it with the courts?
2. Instead of serving him by the sheriff's, can I get him to sign the waiver of citation instead?
2007-03-06 04:21:22 · 6 answers · asked by luvlyeyes26 2 in Family & Relationships ➔ Marriage & Divorce
Generally speaking, you do not have to file an original petition with the amended one. Your amended petition should state, however, the reason it is being amended. Language to the effect of, "This Amended Petition is submitted to reflect Respondent's refusal to take a Parenting Class." is sufficient. Depending on the court rules, you may need to file a Motion to Amend - asking the Court to grant you permission to amend your petition, but since the Respondent hasn't been served yet, that rule (if the court has one) shouldn't apply.
Having the Respondent sign a Waiver of Service is ideal, but if he has refused the Parenting Class, what makes you think he will cooperate on this point? Let the sheriff serve him so there is no doubt he was served.
Just guessing, but I don't think your divorce will be uncontested for long.
2007-03-06 04:43:38 · answer #1 · answered by Rachel M 4 · 0⤊ 0⤋
It depends on where you are as to whether or not you file a copy of your original Petition with your Amended Petition.
If he will sign an Acceptance of service and Waiver, then yes, that is sufficient service for the court.
2007-03-06 12:26:21 · answer #2 · answered by Starla_C 7 · 0⤊ 0⤋
1. Yes, the Judge would want to see both. 2. You can either have him served by a person who is not in any way involved with the divorce-make sure they sign the affidavit after, or your husband can solve everything by signing the "joiner". Be sure the parenting plan is complete, that is what the Judge is mainly concerned about-the child.
2007-03-06 12:32:11 · answer #3 · answered by sue d 4 · 0⤊ 1⤋
1) always a good idea.
2) the sheriff can provide uncontestable proof of service. If your husband signs the waiver, he can later claim that it was forged
2007-03-06 12:25:40 · answer #4 · answered by Chief BaggageSmasher 7 · 1⤊ 1⤋
1. Get a lawyer
2. Get a lawyer
And this is a very serious answer. He's playing games. He probably has a lawyer who is telling him to ignore these petitions.
Good luck. He sounds like scum. Good for you getting out!!!
:)
2007-03-06 12:26:17 · answer #5 · answered by FaerieWhings 7 · 3⤊ 0⤋
1. No, u are starting from scratch all over again.
2. yes. -- make sure this is notarized
2007-03-06 12:26:16 · answer #6 · answered by sunbun 6 · 1⤊ 1⤋