Divorce or Annulment

well its Not Over !!!
I live in the state of Oregon, my wife was served with Divorce papers February 1-07 I then amended it to an Annulment and she was again served on February 13-07. she did not respond within the 30 days allowed, on March 20-07 the Judge granted the Annulment for her not answering and being in default......
She first said that yes she had recieved the divorce papers but did not Answer as she wanted the divorce, then said that she had a free lawyer but was not going to worry about the annulment papers as the place shes living would take care of it,, The day after the judge signed the papers she freaked out as all forgot about them. Then to say she was never sever anything, I met with her one week ago and she acknowledged receiving both, The three minutes later again said she never receive either....So I suspected this was coming.... but as of 3:45 Friday the 20 TH it was not filed at the courthouse. BUT
Today Via first class mail I received a response dated 4-20-07.
1) Certificate Of Service.
2) Response for First Amended Petition For Annulment And In The Alternative, For Dissolution Of Marriage:
3) Respondents Affidavit In Support Of Motion for Relief From Judgement:
4) Motion And Memorandum To Set Aside Default Judgement; And Order:
5) Notice of Appearance:

Questions:
I thought that one could only sent threw the Regular mail a response (answer) within 30 days.

Should there be a court file date stamped on the my documents? (as there is not).

It was received Via first class mail, Not Certified, No Return Receipt requested ....is it legal Service?

Because the case is closed, Although the same Case #, Should I only be served by a process server?

My Attorney is out to lunch until Monday, so thought I would ask here.

Thankx

They don't have to answer your complaint by process server. First class mail to your address of record is permissible.

It sounds like they intend to bring a motion to set aside the default.

Yes, I understand that, my complaint was not answered the the 30 allotted time, and the Judge signed the final paperwork 30+ days ago, and the case was closed.
So I am wondering how the respondent can reopen it by just sending a letter,
Should I not have to be seved?

Thanks,

Found it, guess it can be served by mail.

They can't "reopen" it simply by serving you. The judge would have to reopen the case in response to their motion.

thank you !!!!!!!!

I should add: You should answer their motion, and it would make sense to consult a lawyer given that your ex- is represented by counsel.

yes I will have an attorney,, I dont quite understand the "Motion" but please tell me why not to answer it

OHHH.....
Is the "Motion" where the Annulment was finalized ?

Quote:

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Quoting aaron

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I should add: You should answer their motion, and it would make sense to consult a lawyer given that your ex- is represented by counsel.

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Sorry, I read it wrong , I will answer it

I have a lot to learn about the legal system;
As I said the Judge signed off on the Annument papers March 20-07 as a Default. March 23, I received a letter in the mail from the State. it was titled NOTICE OF ENTRY OF JUDGEMENT / NOT DOCKETED.
April 20, I received service in the mail to file a Motion to set aside the Judgement. .
Today I called the courthouse to see if the papers was filed, the lady say "NO"
She looked in the "Rejected by the Judge File" and as well other places and seen nothing. Her thought was YES she would have thought they should be filed before I was served. but they dont get legal advise... Again the Case was closed...
The service I recieved has the Old case "file" numbers.
QUESTION:
Do legal papers Motions Etc. have to filed at the Courthouse before I can be served?

Thanks.

No, they do not, although normally you would serve the opposing party simultaneously with making a filing to the court.

Dear Scammed:
Will you tell me how you are eligible for an annulment? I thought there are a few reasons such as: fraud, forced marriage, underaged, or so. I filled a divorce and have to wait 6 months for final, while yours is only 30 days + or so. I want to amend my divorce to an annulment like your case so I can get out it quickly. By the way, I feel that I am eligible for annulment because my fake wife and I committed a fraud marriage for her green card as my gift for her but I did not finish it...and so recently I filed the divorce but I have not filed the request for entry of judgement ... (because I did not tell my real girl friend about my secret fraudulent marriage... my real girl friend was outrage and demanded me to stop or else she would report me !!! )...