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Miley’s Parents: Billy Ray & Tish May Be Calling Off Divorce! Exclusive!

Fri, December 3, 2010 3:49pm EDT by 6 Comments
Getty Images has uncovered a significant development in the Cyrus divorce plan that could mean the couple has decided to stay together. Good news for Miley?

Billy Ray Cyrus filed for divorce from Tish Cyrus Oct. 26 — that’s 38 days ago. But by Tennessee law, Tish has to be served with the papers within 30 days — and we’ve learned she hasn’t been served yet, which could mean that the couple has decided to stay together.

Clerks at the Chancery Court Of Williamson County tell us that once the divorce is filed, there is a strict 30-day time period from day of filing for the respondent/defendant (in this case, Tish) to be served with divorce papers.

As of today (Dec. 3), it’s been 38 days. Two clerks tell that there is no notice of service to Tish on file at the court and that when one party isn’t served within 30 days, it typically means the divorce is off.

“It’s highly unusual for a lawyer to miss a basic procedural filing deadline,” says Stacey Schneider, New York City attorney and author of He Had It Coming: How to Outsmart Your Husband and Win Your Divorce. “Tish, if she wanted to, could move to dismiss the divorce complaint based on a defect for lack for service.”

We spoke to another legal expert who tells us if the time frame has lapsed and the Cyruses still want to proceed with the divorce, they would need to re-file.

Billy Ray‘s rep tells us: “This is absolutely untrue. There has been no change as to the filing of the divorce proceedings.”

–Jessica Finn