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#759876 10/28/03 09:44 PM
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My stbx was served divorce papers on 10/17. We were on marginal speaking terms before that. Now that he's been served, I haven't heard a peep, and neither has my atty.

I'm curious if anyone else got the silent treatment after serving their stbx with divorce papers? The 20th day will be next week. This 'wait and see' mode is a bit nerve wracking.

#759877 10/29/03 10:20 AM
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WEll I know when my XW had me served there were several things on my mind. One and first, the initial shock as we realize what is or that it is truly happening..... Second in our state you have 28/30 days to respond..... thus his lawyer is planning a counter or determining if they just accept them. As with my lawyer he suggested very little or no contact other that for the children...

#759878 10/29/03 11:20 AM
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thanks for responding gsn. I don't know that my stbx has an atty, or that he has the resources to retain one. TX has a 20-day timeframe for a response.

We've been separated nearly two years. I never mentioned the D word until 10 months ago. A financial disaster occurred along the way and bk was filed last year. I waited until the holidays were over to mention D. In march I started a complete inventory of every household item. From may through august, the contents of the home were divided. In september, I asked for cooperation in a do it yourself divorce. He blew a gasket. I waited a month to bring it up again, and he said he'd cooperate. He didn't. That's when I gave up on the lofty notion that we could reach an agreement prior to filing papers. So I filed and had him served. It shouldn't have been a surprise, but he's not a rational man, so I have no idea what his reaction is.

My atty's office said he'll default if he makes no response in the 20 days. I need to learn more about the process. I still feel a bit confused. The only paper filed so far is the original petition for divorce. It's very cut and dry. My name, his name, I'm filing for divorce, that's about it. None of the nitty gritty details about dividing the marital estate have been addressed. I originally thought the papers would include my version of a settlement agreement, and that would be part of what he responds to. Now it appears the nitty gritty comes later, and it leaves me wondering what is it exactly would he respond to?

#759879 10/30/03 01:20 AM
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Two years huh? Wow..... as far as the details, I can assume that you are pushing your lawyer to have the paperwork done and not waiting to see after the decree......

well I guess in respect, it was two years of inhouse separation for me...so I can understand part of what you are going through, etc....

So in 8 days his 20 day is up and you will get a divorce by default?

#759880 10/29/03 02:20 PM
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>>as far as the details, I can assume that you are pushing your lawyer to have the paperwork done and not waiting to see after the decree<<

Gosh, gsn, I don't even know what that means. My atty recommended that I pursue a 'simple' divorce first, which is the same as what I understood 'uncontested' to mean. iow, reach an agreement first, then file papers. I'm very patient, but even I realized that I cannot get that kind of cooperation from him.

When I made the appointment to get papers drawn, I indicated that the 'simple divorce' wasn't going to pan out and I wanted to file papers, get the 60-day clock started, and have the papers served. That's when I realized that the papers starting the process say hardly anything and the whole issue of who gets what is unaddressed at this time. I've been led to believe that I'll get what I ask for if stbx fails to make a response in the 20-day timeframe. Kinda makes me feel like i'm in the back of the taxi, hoping my driver knows how the heck to get me to destination divorce.


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