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Summons with no file number...

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T

Tanglewood

Guest
My husband is serving 25 years for shooting me. I just recently received papers via registered mail from him. He claims to be filing for divorce. The cover is a Summons that I am required to answer. First, there is no file no. That is left blank. Doesn't there have to be a file number on it to show that it was actually filed? Then it states that I am to answer and send it to the address at the bottom of the form. The address at the bottom of the form is HIS address at the prison where he now lives! This can't possibly be legal can it? On the Complaint attached to the Summons there is nothing to indicate that it was filed either. The only thing on there is a notary showing that my husband signed the document. Any help is appreciated. I'd have divorced him by now if I had the money. Thanks. (By the way, he is in SC and I am now in TX where I've lived for over 2 years now.)
 


I AM ALWAYS LIABLE

Senior Member
Tanglewood said:
My husband is serving 25 years for shooting me. I just recently received papers via registered mail from him. He claims to be filing for divorce. The cover is a Summons that I am required to answer. First, there is no file no. That is left blank. Doesn't there have to be a file number on it to show that it was actually filed? Then it states that I am to answer and send it to the address at the bottom of the form. The address at the bottom of the form is HIS address at the prison where he now lives! This can't possibly be legal can it? On the Complaint attached to the Summons there is nothing to indicate that it was filed either. The only thing on there is a notary showing that my husband signed the document. Any help is appreciated. I'd have divorced him by now if I had the money. Thanks. (By the way, he is in SC and I am now in TX where I've lived for over 2 years now.)
My response:

Call the courthouse. Speak to the Family Law Civil Filing Clerk. Give the Case name to the Clerk. The Clerk will have her / his computer attempt to find the Case. If so, the Clerk will tell you the Case number. If there is no such Case listed, you don't need to do anything with the papers.

IAAL
 
T

Tanglewood

Guest
Thank you so much. I did as you suggested and sure enough they were never filed. My husband is not allowed to contact me for any reason. I guess he felt this was just another way for him to say I can still do what I want. Not anymore. I've been advised to call the DA again. That's what I'm doing next. My attorney is on vacation so I can't do anything about filing for divorce till he is back. Time to rid myself of this mess. Once again, thank you.
 

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