Divorce DIY

[Newlydivmomto4]

Kentucky-
Filing Pro Se, I have almost all the paperwork done but I am struggling with one last thing. The AOC-105 Civil Summons, it says for the Form #2 Entry of Appearance and Waiver if the Respondent signs that then the AOC-105 Civil Summons does not have to be done. But then on the check list it has the Civil Summons as needing to be done. I just want all my ducks in a row when going to the courthouse.
Please assist.

 

[PayrollHRGuy]

Do you expect a form to change in an If/Then situation?

Has your spouse completed an Entry of Appearance and Waiver?

 

[adjusterjack]

I'm going to make an educated guess here.

Before you bring your papers to court you hand your spouse the petition and whatever documents go with and you say "Please sign and have notarized, this Entry of Appearance and Waiver."

If you get it you attach it to your petition and file your petition and waiver with the court and you won't need a summons or a process server.

If your spouse won't sign then you'll need the summons and the process server.

I assume you have actually read the form. But in case you haven't here's what it says.

SELF HELP FORM #2 v. ENTRY OF APPEARANCE AND WAIVER
The Respondent comes without counsel and states: I have read the Petition, have understood it, and do not contest it. I waive service of summons, enter my appearance, and submit to the jurisdiction of the Court. I understand that, if my spouse has an attorney, that attorney does not represent me, and that I may hire my own attorney but choose not to do so. I waive service of any notice of hearing, taking of deposition, motion to submit for judgment, or entry of judgment. I waive any right of appeal

kentucky-entry-of-appearance-and-waiver-form (divorcepapersforms.com)

 

[Newlydivmomto4]

I'm going to make an educated guess here.

Before you bring your papers to court you hand your spouse the petition and whatever documents go with and you say "Please sign and have notarized, this Entry of Appearance and Waiver."

If you get it you attach it to your petition and file your petition and waiver with the court and you won't need a summons or a process server.

If your spouse won't sign then you'll need the summons and the process server.

I assume you have actually read the form. But in case you haven't here's what it says.

SELF HELP FORM #2 v. ENTRY OF APPEARANCE AND WAIVER
The Respondent comes without counsel and states: I have read the Petition, have understood it, and do not contest it. I waive service of summons, enter my appearance, and submit to the jurisdiction of the Court. I understand that, if my spouse has an attorney, that attorney does not represent me, and that I may hire my own attorney but choose not to do so. I waive service of any notice of hearing, taking of deposition, motion to submit for judgment, or entry of judgment. I waive any right of appeal

kentucky-entry-of-appearance-and-waiver-form (divorcepapersforms.com)

Thank you. Much appreciated. I did read it, I just wanted to verify my understanding was valid.

 

[adjusterjack]

What did your spouse say when you asked for the document to be signed?