Does the certificate of service have to be filed within a certain amount of days once the defendent is served the affadavit and counteraffadavit?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption