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  1. #1
    Join Date
    Sep 2010
    Location
    Michigan
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    12

    Default Procedure for Filing a Divorce Counter-Complaint

    My question involves a marriage in the state of: Michigan

    I filed for divorce and my husband and his attorney (who does not even specialize in divorce cases) filed the answer and a counter-complaint and his attorney sent copies of these to me (with postage due, of course). I received these papers the day after I hired an attorney so they were not aware I had one. Now that I am looking over these papers, I notice that the papers look like they are ok but I notice that both are signed by the attorney and neither is signed by my husband. Also, the counter-complaint has no date on the papers whatsoever. There is no stamp or anything showing that these are copies of the true copy filed at the court house or notarized or anything. So, I don't even know if the counter-complaint was filed within the 28 days.

    Is this how the papers should be? It just seems odd to me.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Regarding Divorce Counter-Complaint

    The 28 days is only relevant if you move for a default judgment before the answer is filed. You did not, so it's irrelevant. If you're in a county in which the court dockets are available online, you can look at the docket to determine when the answer was filed. Otherwise you can find out at the courthouse.

  3. #3
    Join Date
    Sep 2010
    Location
    Michigan
    Posts
    12

    Default Re: Regarding Divorce Counter-Complaint

    Shouldn't my husband have signed these papers though? Is that usual for just his attorney to sign them?

  4. #4
    Join Date
    Sep 2005
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    Default Re: Regarding Divorce Counter-Complaint

    I doubt that the counter-complaint has to be verified. Also, the original on file with the court may have been signed. (If that's the case, I would expect your copy to have some indication, such as "/S/" in the signature space, but I wasn't the person who made the copies.)

  5. #5
    Join Date
    Sep 2010
    Location
    Michigan
    Posts
    12

    Default Re: Regarding Divorce Counter-Complaint

    No, the copy I received did not even have a space or a line for my husband to sign in/on. It had only a line for the attorney to sign and that was it.

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Regarding Divorce Counter-Complaint

    So your problem is that you're imagining that there should be a space for your husband to sign, and that he should have signed on that hypothetical space?

  7. #7
    Join Date
    Sep 2010
    Location
    Michigan
    Posts
    12

    Default Re: Regarding Divorce Counter-Complaint

    I am just curious as to wether it is a legal document as every other paper I have had to submit to the court has had to be signed by me.

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