Costa Mesa, CA asked in Family Law and Divorce for Nebraska

Q: How much time do I have to file an answer to an Amended Dissolution of Marriage if I signed a voluntary appearance?

A Temp Order for Legal Sep was filed on 2/2/18 and I signed a Vol Aprnce (under duress and without a good understanding of what I was signing) on 1/31/18. My husband told me it would be cancelled after we figured everything out as I was living in CA for medical treatment at the time. After treatment I was told I could not return home. He was granted Svc by Pub (even tho he had a mailing address for me and had used it recently) then signed an Amended Comp for Dsoltn of Mrge on 9/14/18 but did not file until 12/18/18. I have been homeless and broke since released from treatment on 3/6/18 as he did not provide a vehicle, shelter, or clothing as promised. He has been reluctantly giving me $100/wk so I can at least eat. I would like to ask for a vehicle and alimony so that I can get a job and a place to live. I can not afford an attorney as I was a homemaker for the last 4 years. Do I still get 30 days to answer even if I signed the vol appearance?

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1 Lawyer Answer
Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: Pursuant to Nebraska Court Rules of Pleading Section 6-1115 (a), a party has the time remaining to file a response to the original pleading or within days 10 days after service of the amended pleading, whichever is longer, unless the court orders otherwise.

Generally, an amended complaint can be mailed to the address that the party was served with the original complaint. It is very important to file an updated address with the Court so that all parties and the court are aware what address to send legal notices.

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