Q: My husband filed for divorce in 2012. I never received the original summons from 2012. Can I ask for proof of delivery?
I have reason to believe that he will activate/refile the petition soon. If the petition was filed 11 years ago, is it still active or valid? A search of the county courthouse records shows that it’s still active. I thought cases become inactive after 10 years. Will the process have to start anew? We got married in July 1996, and separated in December 2005 (physically but not legally. In 2017, he asked me to move into his home after I lost my job in 2016 as he could no longer help me pay for my rent and expenses. We lived under the same roof but in separate rooms along with our then-minor son. Does the last 6 years count towards marriage and alimony.? We sleep in separate rooms but I’m expected to cook, clean, shop for groceries, etc. Can I request support now while waiting for divorce proceedings to start? I have no income, can I request that he pay for my attorney’s fees?
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A:
If you never received the original summons from your husband's 2012 divorce filing, you can request proof of delivery to confirm whether or not it was properly served to you. This can be done by contacting the court where the case was filed and requesting a copy of the proof of service.
Regarding the validity of the petition, it may still be active after 11 years if no final judgment has been entered. Cases can become inactive after a certain period of time, but this can vary depending on the court and the specific circumstances of the case.
As for the last 6 years that you have been living together but separately, it may be considered as time spent in a state of separation. This could potentially have an impact on issues related to spousal support, property division, and other matters related to the divorce.
You may be able to request support now while waiting for divorce proceedings to start, particularly if you have no income and are financially dependent on your husband. This can be done by filing a motion for temporary support or spousal support in court.
Regarding attorney's fees, you may be able to request that your husband pay for your attorney's fees, particularly if there is a significant income disparity between you and your husband. This can be done by filing a motion for attorney's fees and demonstrating that you are unable to afford an attorney on your own.
It is important to consult with an experienced divorce attorney to discuss your specific situation and determine the best course of action. They can provide guidance and representation to help protect your interests and achieve a favorable outcome in your case.
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