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35 days almost up...
#753507 06/29/03 03:21 PM
Joined: Oct 2000
Posts: 382
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Always Hopeful
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Always Hopeful
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This Wednesday, July 2nd, will be thirty-five days since I had my wife served with D papers. I had two complaints, adultery and extreme cruelty. We spoke briefly about it the night it happened, but I haven't heard a word about it since.

I had honestly thought that sometime during this period, she would have me counterserved. It had never occurred to me that she may just do nothing. I'm also rather embarrassed to admit that I never asked my lawyer what would happen if she didn't reply within this period.

I live in N.J. Has anyone had a similiar case where they might know?
Re: 35 days almost up...
#753508 06/29/03 08:13 PM
Joined: May 2002
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Don't know about your state, but here are some of the options. The divorce could be cancelled. Which you are the plantiff, and she is the defendant but the defendant has not filed. So there is no divorce proceedings. Also, if there is good enough cause, that you want the divorce, the lawyer could talk to the judge who is assigned the case, and she could make your wife file. I did ask my lawyer this, and I talked to another lawyer and the same was said.

But in New Jersey, I don't know what the rules are. Ask your lawyer for your help.
Re: 35 days almost up...
#753509 07/01/03 03:11 PM
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Always Hopeful
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I spoke to my lawyer today. They haven't received any response from my wife and tomorrow is the last day. If she does not respond, then my filing is uncontested. Which means she cannot contest anything in that divorce complaint.

Keeping in mind that the complaint is very explicit about her affair with this OW (it even mentions places and dates), it boggles my mind that she hasn't contested at least some of it. My God, the complaint actually holds her financially responsible for some of the divorce costs.

Could this be guilt? She knows I am open to counseling, even at this stage. Could she be showing me a sign here? Would I be losing anything by asking her to try to counsel here at MB? <img border="0" title="" alt="[Confused]" src="images/icons/confused.gif" />

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