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What happens if the respondent does not file a response to divorce petition papers?
Wiki User
∙ 14y ago
If you have never been served with divorce papers, you're still married. Even if you've verbally agreed to a divorce, without the filing of a divorce "order", "decree" or whatever your particular state calls it, the marriage is still in effect under the law. idolaw826
Wiki User
∙ 18y ago
Wiki User
∙ 13y agoAsk your attorney about alternate service methods. It may be that you can serve the spouse by publishing the papers on a newspaper or delivering them to their work.
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divorce papers aren't like subpeona papers fortunately. Even if the spouse gets them they still have to review and sign them IF agreed to which they do not have to do. If your spouse is refusing to receive them they are obviously contesting the divorce and you'll need a lawyer to follow through in an uncontested divorce which you actually will have to accuse them of something specific and 'prove' the accusation in court.
It would definitely serve you far better to have a conversation with him or her and clarify what it is you intend to do.
sorry I couldn't be more helpful. Of course I'm referring to US and my info is more appropriate to NY specifically.
Wiki User
∙ 14y agoIf you have a signed piece of paper that the respondent received the divorce petition papers, that is all you need. The other party has been served. The other party has been notified. The divorce can proceed. Your lawyer can inform the judge that the other party refused to respond. It happens all the time. You do have a lawyer, don't you?
Wiki User
∙ 13y agoAs with any civil action, the complaint or petition is accompanied by a summons and both are served upon the Defendant/Respondent. Depending upon the state in which the matter is filed, the summons will command that a responsive pleading be filed, and a copy mailed to the party having filed the suit, within a stated number of days.
In the event that a response of not timely filed, a "default" may be entered. The practical effect of a default is that all well-pled allegations of the complaint/petition are considered to have been admitted.
When it comes to the money/property aspects of the divorce, depending upon the rules of the jurisdiction where the case is pending, the defaulting party may have the right to further notices of hearing so as to present evidence as to ability to pay. However, the default may alone be sufficient to establish entitlement by the other spouse (which would otherwise have to have been proven had there been no default).
Wiki User
∙ 14y agoServing the papers is part of the process and will not move forward until your spouse is notified, or that every attempt to notify him has been made.
Wiki User
∙ 10y agoEventually they will get served, it is best to move forward with life than avoid things.
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what happens if I do not have an address to notify my partner of my intent to divorce?
You'll need to file a 'Petition for Divorce, Summons with or without Children, Spouse's Location Unknown.' What happens is that the notice of the divorce petition will appear in a local publication acceptable to the court. That will be sufficient notice for the courts to proceed.
What happens if the respondent didn't sign the separation agreement in a contested divorce because the respondent could not be found to be served?
Depending on the state - there are several different methods of handling this. You should contact your attorney or the court that granted the divorce that handled it for advice and guidance.
How do you place a public notice of divorce in the newspaper what happens if there is no response?
You have the paper delivered by someone from the court house where you filed for divorce. * The notice is placed in the legal or personal classified section of the newspaper in the area in where the person is assumed to reside. The time the notice is required to run depends upon the laws of the state where the dissolution of marriage petition is filed. If there is not a response within the state's specified time limit, the divorce will be granted on the grounds of a default by the absentee spouse.
What are divorce laws in Florida?
Divorce laws in Florida vary according to numerous details, such as the grounds for divorce, whether it is an uncontested divorce, how property is divided, the allocation of child custody, and so on. For a divorce to be completed, the Petitioner and Respondent must reach a fair agreement, and it is highly advised that a divorce lawyer or mediator is hired to ensure this happens.
What happens if you withdraw your divorce petition?
you will remain married. In the process you spent some money but at the end may joy and happines prevail.
My wife was deported back to Germany because of wrong activities I met her in Atlanta how do you divorce her?
File a petition for divorce in your local Clerk Of Court office. If your wife does not contest it, it should not be THAT difficult - however if she does contest it, or she wants to extort money from you in order to grant it to you, you may have a problem that will require an attorney skilled in these matters. But, in the meantime, at least go ahead and get started by filing the divorce petition and see what happens from there.
How can you get a divorce when you reside in Georgia and your wife is in prison in Florida?
For a Georgia divorce, or any other state for that matter, you can obtain a divorce and it is not necessary for the other party to agree or even appear. As long as you meet the residency requirement, you can file for a divorce. You would have to have a process server go to the prison and serve her with the petition for your Georgia divorce but that is not all that unusual, it happens fairly often. However, I would retain a Georgia divorce attorney to assist you under these circumstances.
What happens if the queen were to divorce her husband?
No divorce allowed
In Texas what happens when a husband wants a divorce but the wife does not?
The wife cannot refuse to divorce her husband, but she can contest the terms of the dissolution of marriage petition which usually causes the proceedings to be lengthy and expensive for all parties. If there is no disagreement on the terms and the non filing spouse refuses to accept the divorce summons the requesting spouse can file under the state's default laws.
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