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DearCustomer- Once you have file your complaint for divorce your spouse will have time under the rules to file a responsive pleading. Once that has either been filed or the time has elapsed the court will set a schedule of upcoming dates, such as a pre trial or status conference. Many times this depends on what is filed in response to your initial complaint.
You really have no control over the scheduling of the court dates as this is done by the court. It would appear that you have done all you can up to this point to get the matter before the court. If you have filed your complaint and served your spouse with the paperwork then you will just have to wait until your spouse files a reply or answer or, if nothing is filed, then the court will act on its own.
If your spouse files a counterclaim you should file a reply to that. Otherwise the court will handle all of the scheduling of hearing dates and other pertinent matters.
David Kennett - JD - Attorney at Law
The problem is that an "Order" is something that needs to be signed by a judge. You cannot simply file an "Order". If you have file your motion to set a hearing then the court will have to rule on this motion and probably will set a date for either a hearing or scheduling conference. If you just filed on May 20th it hasn't been that long in terms of court scheduling so you will at least have to wait for the court to respond to your motion.
If the clerk will give you the date for the hearing or trial then fine, you can fill it in and take it to the judge's office for signature. Usually the court will want to check with the defendant to set the date but if your spouse has made no appearance in the case then it won't matter. Your Order can just say "The Court hereby orders this matter to be set for hearing/trial on (date) at (time)". The judge should have to sign it before it is filed unless the clerk will accept it without the judge's signature.
Every local court has slightly different rules and I can only give you general information since I have no direct access to your local court system. It is sometimes difficult to represent yourself in a legal matter due to all the rules of procedure in the varying jurisdictions.
Educator, Esq: Follow up question: Is the following
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