Does the certificate of service have to be filed within a certain amount of days once the defendent is served the affadavit and counteraffadavit?
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Does the certificate of service have to be filed within a certain amount of days once the defendent is served the affadavit and counteraffadavit?
I filed for divorce last year. there is nothing to fight over as we have been separated more than 20 years, but just never got divorced. For that reason, I followed the directions online to do this without an attorney. My ex was served the affidavit, non-military affidavit, and the notice of intent and counter-affidavit last May by certified mail as that is the way he was served the initial complaint paperwork. I did get the green card back from the certified mail within a few days. I just never had a chance to get back to the Prothonotary’s Office with the Certificate of Service and the certified mail postcard attached because it is filed in another county. I am getting ready to proceed with finishing up the divorce and want to know if I can still file that card and Certificate with the office, or if I need to redo that step. In other words, do I need to have that Certificate and the green card from the post office filed within a certain amount of time or as long as he was served within the 30 days doesn’t it matter.
Asked on March 22, 2018 under Family Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
While it appears through the statute that serving within the 30 days is the requirement and that there is no time limitation to file the affidavit, I am worried that the court may have dismissed the matter "administratively" for inaction. That happens some times. I am not saying it happened here but I would double check with the matrimonial clerk in your courthouse. Also, I am going to give you a link to procedure in your courts for matrimonial. Good luck.
http://www.pacourts.us/assets/files/page-759/file-5373.pdf
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