My divorce plantiff commenced this action for an uncontested divorce by filing summons and complaints however as the papers

Asked over 1 year ago - Jamaica, NY

Do not include an acknowledgment of receipt of the automátic order plaintiffs has fáciles to demostrare compliance with this section as a oreare quisiste to such signing. application for divorce denied and action hereby is dismissed for defect i need start Again

Attorney answers (3)

  1. Frank Stephen Ieraci

    Pro

    Contributor Level 11

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    Lawyers agree

    Answered . I cannot really tell what you are asking. I think you are wondering if you need to start your case all over. You need to check with the court clerk. It may be possible to simply correct your papers. I am not sure why they dismissed your action. Even if your summons was defective, they could have let you amend and re-serve.

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  2. Marco Caviglia

    Contributor Level 19

    2

    Lawyers agree

    Answered . It is impossible to determine what your are asking. If you the defect can still be cured by amended complaint, then do so. If the action was already dismissed, then do over. I assume you did not have an attorney, and this exemplary of what may happen.

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  3. Morghan L Richardson

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . It sounds like you filed proof that the defendant was served the summons and complaint but not the notice of automatic orders. If your process server did serve the automatic orders or the defendant did receive them, you may be able to correct your filing by submitting a new affidavit from the process server or defendant acknowledging that they received the notice of automatic orders. Otherwise, you need to start again and make sure that you serve the Summons with Notice properly. This is my reading of your question (which is a confusing sort of question). You might be better off checking with a local attorney who can correct your filing or redo the whole thing for you to insure that it doesn't get rejected again.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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