Q: My husband filed divorce but now refuses to proceed in effort to prolong the process. Do I have any immediate recourse
He served me himself via certified mail and did not include the notice of acknowledgement. I believe this is not a legal service because he sent the paperwork and he is a party in the case. He later sent the notice of acknowledgement but was blank. Nothing was filled in. I inquired about it and he basically said that this divorce was not a priority for him and he would get to it when he gets to it.
A:
I am assuming that this is a California divorce for the purposes of this question. You do not need to wait on him to move the case forward. You should file a Response to his Petition requesting a divorce. When your response is entered that will become the jurisdiction date and the six month clock will start running.
There is a host of other paperwork that will need to be filed such as disclosures, property declarations, financial declaration etc. Once those are filed by both parties you can file an At-Issue Memorandum asking for a court date to finalize the matter. But the first step is to file your response.
If you need help with the paperwork each courthouse has a Family law Facilitator's Office that will help you with your paperwork, free of charge. Get moving, you don't have to wait for him; he is obviously using this a means of control over you.
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