<BR>Ok I have a question. I talked to my H tonight (no he still isn't coming off of any money). Anyway, he said we have a court date set for the 24th. Can this be set up before I have been served with divorce papers? I haven't been served with anything. <P>As you can tell, I really don't know alot about this stuff!<P>Mitzi

That sounds strange to me. In my state you have to be served first and then it is final in 6 months. Do you have a lawyer?<P>Pam

I have my first meeting on Tuesday.<P>I thought 1 person files, other person answers or counter-files and then a court date is set. Am I wrong???

Mitzi,<BR>I have never heard of such. Although I am not a pro at this....and I have been to many court dates. But unless divorce papers are signed.....how can there be a court date.<P>Did he already sign papers, but you have not received them yet? If you do not have an attorney that the courts or your H attorney knows about then I guess that could happen. I knew of my H attorney so my attorney notified him according to the D papers.<P>The courts have "boxes" for each attorney in the county....if by chance yours is in a different county...he will have to wait for papers to be mailed to him.<P>Everything done in the courts concerning your D is copied and put in each attorneys boxes. Sat all day at the court house and watched this happen.<P>Nancy<P>PS hope I didn't confuse you...sometimes I do that. If so....sorry

Nancy,<P>He doesn't know who my attorney is. I haven't told him. <P>I thought I had to answer or counterfile first. He said he filed a week ago Friday. Here if they can't find you to serve you, they advertise it in the paper and you have 20 days to answer. I'm not hard to find. I'm always home and my H of course knows the address.<P>Maybe it's just a tentative date that his lawyer gave him.<P>Thanks,<BR>Mitzi

I spoke to my Aunt tonight and she said that I should have been served before a court date could be set. I have the chance to submit an answer or to counterfile. She was divorced in the same county a few years ago and she thinks that's the way it should be. <P>Thanks,<BR>Mitzi

Mitzi-<P>From my experience, your take is correct. "Petitioner" files and the petition for divorce after it has been filed with the court that has juridiction for your case then either serves the papers to you as "Respondent" and/or to your attorney as well.<P>Most states require that the "Respondent" repley to the court in writing relative to the claims, grounds for dissolution and initial requests that have to deal with three areas of any dissolution...i.e., property division/debt division, child support if there were children and maintenance (used to be called alimony) for the requesting spouse.<P>After the court hears the "Response" to the original petition for dissolution, the clerk of the court will then schedule a hearing to determine if the divorce is going to be contested and then that established court hearing dates, prove-ups, pre-trial hearing with judges and final granting of dissolution and relted settlement documents validated by the court.<P>In most states, you are entiled to see the petition for dissolution and respond to it before you have to appear in court.<P>Two books that you may want to check out...#1 Getting Divorced Without Ruining You Life by Sam Margulies, Ph.D., J.D. and The Healing Journey Through Divorce...Rhil Rich.<P>mrrlk

mrrlk,<P>That's exactly what I thought!! I think he's just feeding me a bunch of bologna. I'm going to call my attorney and ask about it just to be sure. If I'm gonna be served, I hope it's before Tuesday morning so I can take the papers with me. <P>Thanks a bunch!<BR>Mitzi

Maybe he's confused and the 24th is the date set as the deadline for your answer.<P>I've been divorced b/f and from what we went through, you've got a handle on the procedure.<P>Hang in there.<P>Lori

Lori,<P>It's possible that's what it is. I got to thinking about that last night.<P>I know when I do find out, I'm gonna post it here so everyone else will know!<P>Thanks,<BR>Mitzi

Hi, Mitzi...<P> Lori's right, you do have a handle on things. In any kind of civil court proceeding, the initial papers served have to have an "official" response. Normally, there is a set timeframe within which a response is required which your H could have meant by the 24th. That is, that is the deadline for your response to the divorce petition. I don't think there is any state in the Union where a divorce could happen that quickly(unless it's Nevada).<P>Try to sit down before Tuesday and write down all of the things you want to know about the whole process. It really does help, you know.<P>I also have been divorced before and almost am now, in two different states no less!!!<P>Hugs and take care, Mitzi...<P>--DeWayne--

DeWayne,<P>Believe me, I have a notebook that has so many questions written down in it! I feel like a reporter interviewing someone. I think my questions will take more time than his will! LOL<P>Thanks a bunch!<BR>Mitzi