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What Are Divorce Notices?
Divorce is, after all is said and done, a legal procedure. As such, divorce
notices need to be served so that all parties involved in the divorce are
informed that the legal process has begun.
Divorce notices have to do with informing the parties in a divorce that legal
action has began. Served by hand, made public in writing, or published in a
newspaper, it can also mean that a motion in the divorce case is pending before
the judge and that the other party must respond.
A judge presiding over a divorce proceeding will refuse to hear further motions
or complaints if legal notice is not given to the opposing party (spouse) or
parties (witnesses) concerned.
However, there are ex parte motions that do not require the other spouse to be
informed or to be present. Such motions can lead to a judge holding an ex parte
hearing, after which the judge will issue an ex parte order to the absent spouse
of whatever was already accomplished in the hearing.
Ex parte motions may be used when, for instance, the complaining spouse seeks to
attach a certain piece of property to the divorce case. Ex parte proceedings
will prevent the opposing spouse from being alerted of the attachment, and then
selling or mortgaging the property in order to hide assets.
How Do Divorce Notices Work?
Divorce notices are governed by certain serving processes (how the notice will
be served or made known) and time rules.
A sheriff or constable should serve the initial divorce complaint by hand. After
that, motions may be served by hand or through the US Postal Service. For the
initial complaint, parties are given 20 days to answer; for a motion sent by
mail, 10 days; by hand, 4 days; but laws vary across states as to required time.
Where Are Notices Found?
Legal notices may be found in the newspaper. Since they are part of the divorce
documents they are considered public records and are kept at the clerk's office
of the County Superior Court that granted the divorce.
However, some states do not grant ready access. In New York, for example,
divorce records are sealed for 100 years. But if divorce notices were published
in a newspaper, these can be readily accessed through the archives of the New
York City Public Library.
Want to try if you can find a particular divorce record? If so, go to
RecordsSiteReviews'
divorce notice records section
today.
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