07-16-2012, 12:07 AM
Join Date: Aug 2011
| | Divorce denied without prejudice?
I'm going to try and make this as short as possible without confusioning anybody.
My husband and I was had decided to get a divorce on grounds of irreconcilable difference. He file for our divorce in the state where he's been living.
Now I knew that if I agreed to everything in the divorce papers, that I didn't have to respond. No more then to say that I'd received admission of service to she that I'd been properly served with documents.
In the mean time my husband went ahead and got married about a month before our divorce decree. Upon learning that I called the Clerk of Courts where he lives to find out when would I be receiving my divorce decree since he was already married.
She inofrmed me that my divorce wasn't final. She didn't say much after telling that. Well low and behold it wasn't two weeks before I'd received a Notice of Motion for trail for divorce by default. It was scheduled for within the next two months.
I asked the Clerk of Courts if I could appear by phone and she said that she would talk to the judge and call me back. Well two days before the trail I still haadn't hearn from her. So figured the answer to be no!
The decision for judgement was to be on the 10th of this month. I went about my daily life as usual thinking that I would get my divorce decree in the mail any day now.
Today, in the mail was a letter from the court. I felt the envelope and thought to myself how thin it was. I thought it would be thicker, but oh well.
To my surprise it wasn't my decree. Instead it was the court dening judgment. It read as follows.
The requested judgement cannot be entered for these following reasons. (each had the judges initials by it)
1. There is no original return of service or admission of service to show that the Defendant has been properly served with any documents.
2. If a decree by default is sought:
a. A properly completed, signed and notarized Non-military Status Affidavit has not been filed.
b. A properly completed, signed and notarized Affidavit of Default has not been filed.
c. The grounds of irreconcilable differences cannot be the basis for a default decree of divorce and no alternative grounds were asserted in the Plaintiff's Complaint.
IT IS HEREBY ORDERED that the requested judgement is denied, without prejudice to bringing of future request for judgment upon the submission of the necessary and proper documentation.
My question is this. Does this mean that he would have to file all over again? In section (C) does this mean that when and if he does present the court with the proper Affidavits it still can't be for irreconcilable differences? Can I file for divorce in my state or do I have to wait on anything from the Court where he lives?
In my defence I did return the responds of receiving the divorce papers. I sent them by way of certified mail to him and I have a copy of everything even the recept when I paid for it. I also had it notizied. Hope you can shed some light on this for me.