How long to file and serve?

iVillage Member
Registered: 12-02-2003
How long to file and serve?
2
Sun, 03-18-2007 - 10:56pm
My STBX and I signed a Property Settlement Agreement a long time ago and have been separated for almost 4 years. I now live in a different state but want to finish the divorce in the state where we lived. I told my attorney to go ahead and file in December. He stalled. I called after the holidays and made it quite clear that I wanted to file and have my husband served, and that he would sign for an uncontested divorce.
I signed the papers to file in mid-February and my attorney says he has filed them and last week said he was sending a server to my husband's home.
Still hasn't done that.
Is this normal? To take over three months just to file a simple, uncontested divorce? I'm getting worried. I paid him a fee for the whole thing 4 years ago. Maybe that's why he's not motivated to hurry.
What I want to know is if 3-4 months is a normal period of time. Did anyone just file and serve, get a court date and have it over with in a few months?
iVillage Member
Registered: 03-16-2006
Mon, 03-19-2007 - 3:01pm

Yes, this does seem strange especially for an uncontested divorce.

Can you check to see if the attoney filed them with the court? If the attorney still has the documents maybe you would be better off having them served yourself. You may have to search to find someone to do it, technically if you have X's address you can just send it certified mail; that's how I was served my X's response to the divorce. I had also had the sherrif's office serve him document too. Tell the attorney you'll report him to the state bar association. That may light a fire under his a**.

My divorce was contested and was final in 8 months (would have been sooner but X spent a couple months in jail).

Good luck!

iVillage Member
Registered: 03-19-2003
Thu, 03-29-2007 - 12:30pm

It does seem odd, and in most states, there's a 12 month rule for initiating the process... and taking a next step, but I'm not sure to what all parts that applies.


I'd be persistent in trying to follow up with your attorney and see what the expectations are.


Good luck!


Karen ~ wildlucky4me ~