Q: Hello, I finally got to the court date and now they say the complaint was not signed. Everything canceled what do I do.
I have no attorney, I done all they asked. I had a court date now I don't. Because they say the complaint wasn't signed. Not sure what they are talking about. Is there anything I can do to get the proceedings back on track to get this divorce over with. Thank you for your help
A:
There are certain court procedures that you must follow to complete your divorce. If the Court finds that the Complaint is not valid, you may be able to fix the complaint by filing an amended complaint.
If the complaint is not fixable, you may need to file the complaint again as a new court case and start over.
There is a 60 day mandatory waiting period after service. Thus, if you have to start again, then you have to serve the other party again and restart the 60 day mandatory waiting period.
Whether the Complaint is fixable or not is something that you would need to review with an attorney in a consultation and is beyond what assistance could be given on a general posting board like this.
If you are trying to do a divorce on your own, there are some forms and information available on the Nebraska Supreme Court's website. However, it is recommended that you retain an attorney to guide you through the process and then the attorney will draft documents custom to your case.
A: Hello. There is a lot of more specific information required for an attorney to help make sure you followed everything required. I'm assuming that you are talking about an original divorce action where you are the Plaintiff based on your characterization of this question as divorce. Your best bet is to pay for at least an hour to two to consult with a divorce attorney about how to use the process and whether the pro se forms are even usable by you in your particularly situation (hint: they are not going to work in a case with real estate, retirement accounts, contested property or custody, etc.) If you truly cannot afford a lawyer, consider asking questions through Nebraska Free Legal Answers or applying to Legal Aid of Nebraska. Either way, you will need to confidentially (not in an online public forum) provide some additional info about your specifics for this question to be answered correctly. Best wishes!
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