Paoli, IN asked in Divorce, Family Law, Gov & Administrative Law and Legal Malpractice for Indiana

Q: Why does the chronological case summary say that a notice of discovery was filed by me when I haven't done ANYTHING?

My husband filed a petition for dissolution of marriage behind my back on 10/23/2020 and it looks like his lawyer submitted a bunch of stuff to the court. I haven't talked to anyone, hired a lawyer, or talked to his lawyer AT ALL. It shows that a notice of discovery with the "filed by" section filled in with my name, in the chronological case summary online. The other 5 items listed all show the "filed by" name as my husband's (i.e. summons, service of notice of discovery, appearance). How is something filed by someone that hasn't done a thing and, in fact, is lucky to even know about her own divorce by stumbling upon it via an online search of court cases including my name?

This brings me to another question, aren't I suppose to be served the filing information? I am not living at my house all the time because my husband and I have had a rough marriage for the last few years and he quit speaking to me as of 3 months ago. It is as if I am invisible and mute to him and he avoids me.

1 Lawyer Answer
Troy Tyson
Troy Tyson

A: It may have been an error by the clerk. You can try to contact the court to have them correct the CCS entry.

Also yes, effective service is required on you in order for the divorce to proceed.

Hope that helps.

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