If my husband filed for a divorce over a year ago but refuses to send me papers, can I file?

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If my husband filed for a divorce over a year ago but refuses to send me papers, can I file?

He sent me papers over a year ago but changed his mind and told me to rip them up. At the time I didn’t want the divorce so I did and now he refuses to send me another copy. I tried to contact his lawyer for another copy but he could not send them without my husbands permission and could not give me any advice because he represents my husband. What can I do?

Asked on December 27, 2011 under Family Law, Missouri

Answers:

Howard Pobiner / Howard J. Pobiner, Esq.

Answered 9 years ago | Contributor

Yes you can.  There will be a filing fee for a separate action. You can also go to the Courthouse and check to see if he filed the papers against you that he served.  He was supposed to file first and then serve you, but if the papers you received do not have an index number on them, he may not have proceeded against you correctly. If the originals are there, you may be able to serve an answer and counterclaim. If he served you before last October, he may want to start a new action to use the new ground for divorce and take advantage of the statutes that were passed at the same time having to do with counsel fees and support.


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