Asked 5 months ago - 11367Flag
I filed in December 2010, and because of different reasons of trying to submit, and moving etc, my wife and I never submitted the paperwork, everything is signed and notorized by outdate. I is fully uncontested as we both want to divorce, we separated in 2007 and have custody,vistation and child support agreements already on file with the courts. Would we have to start the divorce process all over from square one and pay new fees (original filing was done with a poor person's waiver as I was unemployed) or can I use the same index number and proceed by submitting up to date notarized paperwork. As stated, it is uncontested,and we both just want this divorce finalized finally, as we have both moved on with our lives and want this monkey off our backs.
As long as the action was started you can still submit the papers unless you had a submit date given by the court in which case you would have to make a motion to restore to the calendar. Speak with a local attorney about your specific facts.
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You should be able to use the original index number. Just be certain that the affidavits and documents you file with the court reflect the current updates to the law (some requirements have changed since 2010) - otherwise your case will found defective. In some instance the court/clerk may request an affidavit explaining the delay but this is rare.
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