Does my wife just have to file her response to my complaint for divorce with the court within 35 days, or does she need to serve me (my being in reciept of her response) within the 35 days? My summons was sent to her via USPS and stipulated that she had to serve a copy upon me within 35 days. She said that she filed her response with the court within 35 days and then mailed me a copy. Thirty-five days have come and gone and I have yet to receive her response. Is she in default?
Thank you for your time and expertise.
The S.C. Supreme Court has published forms and instructions for self-represented litigants. Check those instructions, particularly on page 7 where it deals with potential responses of the defendant, and see if they answer your question?
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Divorce / Separation Lawyer
It is most important that her response is recieved by the court, if you did not recieve your copy you may move to strike her answer, but most judges will view that as a technical issue and give you a copy when you are in court and if necessary enlarge the time within which for you to respond if necessary. However, if she has failed to answer or otherwise defend you may be able to take affirmative action- in doing so, I strongly recommend you secure local counsel. good luck and I hope that things work out for you, take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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