Giving notice to spouse of filing for Divorce

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    • #1963
      Brighteyes
      Participant

      I just heard that it is required that when a spouse files for Divorce and Child Custody that it is a requirement that the other party be notified (verbally by attorney for filing party) before service is made on these proceedings. Is this true and is it a law or only a courtesy?

    • #2347
      Bassmaster
      Participant

      I'm not aware of anything like that.Could this be referring to getting a temporary restraining order pending the divorce?I doubt that any of us would do this as a courtesy unless the other lawyer was very well known to us. The reason? Too much opportunity to avoid service when there is advance notice.On the other hand, if the lawyers talk and agree to waive service, then everyone saves some money and things go quicker. Could that maybe be what this is about?

    • #2348
      Brighteyes
      Participant

      Yes there is a temp restraining order asked for in the divorce filing, so maybe that's it. Couldn't figure out why the husband who is not represented yet was called and informed of the filings and now he suddenly cant be found to be served. So say no longer living at address he was at the time. Guess there was a reason for this…just wondered if it was a new “law” or something

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