did she respond in time?

[abstract99]

What is the name of your state? Az

I received my ex's response to my petition a little while ago. She filed this at the courthouse about 50 days after I served her and filed the original petition. I thought that she only had 30 days to respond. Is this correct? What can I do since the response was filed outside of that time frame?

 

[AlexandriaDumas]

If you did not file with the court a proof of service of summons and petition nor a default against her after the 30 days, her response is timely. In any event, even if you had done everything perfectly, why would you want to default her? She could just ask the court to overturn the default, and they would, and you'd end up looking like a jerk and right back where you started and she'd probably hate you more and that's not a good way to start divorce proceedings.

 

[fairisfair]

If you did not file with the court a proof of service of summons and petition nor a default against her after the 30 days, her response is timely. In any event, even if you had done everything perfectly, why would you want to default her? She could just ask the court to overturn the default, and they would, and you'd end up looking like a jerk and right back where you started and she'd probably hate you more and that's not a good way to start divorce proceedings.

Um. . . . since this is his "ex" he is obviously not "starting divorce proceedings"

 

[AlexandriaDumas]

Um. . . . since this is his "ex" he is obviously not "starting divorce proceedings"

I don't understand what you mean. He said, "I received my ex's response to my petition a little while ago. "

I always considered the petition the "start" of proceedings. Then comes the response, then the financial disclosures (the middle of the proceedings), then some sort of marital settlement agreement and judgment (the end).

What are you talking about?

 

[fairisfair]

I don't understand what you mean. He said, "I received my ex's response to my petition a little while ago. "

I always considered the petition the "start" of proceedings. Then comes the response, then the financial disclosures (the middle of the proceedings), then some sort of marital settlement agreement and judgment (the end).

What are you talking about?

Gee, I think the word EX says it all.

 

[CJane]

I don't understand what you mean. He said, "I received my ex's response to my petition a little while ago. "

I always considered the petition the "start" of proceedings. Then comes the response, then the financial disclosures (the middle of the proceedings), then some sort of marital settlement agreement and judgment (the end).

What are you talking about?

I believe abstract is talking about a petition/motion to modify.

Abstract... she was outside the timeframe, but unless you're looking for a reason to postpone things, and perhaps have to do them over, I'd let it go. It seems pointless to request a hearing to determine if she should be 'allowed' to file her response out of time, and have the judge decide that she could or couldn't, and then she could file a request for permission to serve out of time that might be granted, and you'd be where you are now, but 8 months down the road.

Choose your battles.

 

[abstract99]

This is a Petition to Modify and Motion to show cause that was all filed as one because we had a petition scheduled for the 18th anyways so it is all being heard at once. The Petition to Modify had to be filed due to moms actions that are brought up in the motion to show cause. I need to have the order modified due to moms inability to follow the old order.

Didn't know that she could just ask that she be allowed to submit it anyways so no matter, it is no big deal. I filed one outside of the time frame once and she about tried to eat me alive but the judge never threw it out.

 

[tigger22472]

Didn't know that she could just ask that she be allowed to submit it anyways so no matter, it is no big deal. I filed one outside of the time frame once and she about tried to eat me alive but the judge never threw it out.

See, there was the answer to your question, basically before you asked it.

 

[abstract99]

See, there was the answer to your question, basically before you asked it.

Mine was actually more like an objection or an appeal and the judge didn't throw it out because I was in the hospital during the original trial that I objected to and could not make it. My ex failed to mention that in court and that is why my late response was admitted.

 

[NotSoNew]

husbands ex filed her response when she was out of time. husband's attorney sent a letter indicating she was out of time but there was no problem with her reply being accepted as long as his subsequent reply was also accepted.

they were both accepted.