Can I file for divorce?

First of all, you should not assume the case will be thrown out without her filing the Return of Service. In one of the counties where I practice, the court routinely issues orders for pre-trial hearings even before a case is served. Secondly, you need to file an Answer to the Complaint, so that you get court notices and so that your interests are otherwise protected. Certainly, you can file a counterclaim for divorce, but it may not be necessary, depending on the facts of your case. I strongly recommend that you consult with a local family law attorney and retain legal counsel to assist you so that your final judgment is fair and equitable to you. I wish you all the best.

You can also consider checking on the status of the case on about a weekly basis, but this is a riskier strategy. If you try this strategy I recommend that you hire a lawyer first.

You also have the option of filing an Answer to the Complaint. You did receive the papers and therefore can file an Answer. You can also file a Counterclaim for Divorce at the same time you file the Answer. Depending on the issues involved in your case, you should really consider hiring an attorney to represent you.

You could file an Answer and that will itself serve as proof that you were served. Or you could file an Acknowledgment of Service and an Answer.

You cannot file for divorce as your wife's matter is still pending. You can check the status of the divorce by calling the opposing attorney or the court. You can and should also file your Answer to the Complaint for Divorce within 21 days of service to prevent your wife from filing a default against you. I hope the has helped you.