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Can you lose custody of your child in a divorce without notification what so ever even if your in default for not responding to divorce papers in time?
Wiki User
∙ 12y ago
This question would be better addressed to your lawyer, but basically... yes. You were notified: you got divorce papers. Since you chose to do nothing about them, the court is entirely justified in assuming you're not terribly interested in the outcome and awarding a default judgment of whatever the other party asks for on the grounds that if you had cared, you would have responded.
(That said, custody is not a once-for-all matter. You can always file to have the custody arrangements changed if the situation has changed in the meantime. Again, you should be discussing this with your lawyer and not looking for answers on the internet.)
Wiki User
∙ 12y ago
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How long does it take to get a Divorce by default in Illinois?
A default divorce usually means that the court date came without the other spouse (the one who didn't file the paperwork) responding or appearing. It takes the same amount of time as a regular divorce. If you're asking about how long it has to be before you can file for a divorce because of desertion, in Illinois it's one year.
Is divorce by publication allowed in California?
In most states you have the option to file a "divorce by publication." Here is the basic steps.1. Go to your local newspaper and put a divorce notice ad in the classified section. 2. Mail the divorce notice to the last known address of your spouse. 3. Wait 30 days and get a letter from the newspaper stating that the ad was posted for 30 days. 4. If your spouse no longer lives at the last known address the divorce notice will come back undeliverable. 5. Take your noncontested divorce papers with the letter from the newspaper and the undelivered notice and go to your local courthouse and file a "divorce by publication."There are more steps and more forms to this process. But these are the main ones. Research more about this topic on the net or contact an attorney.AnswerThe petitioning spouse's attorney (or the individual)files a motion for default and(in some states an order of default at the same time). A default hearing will be held in which the filing spouse will give oral testimony as to the facts cited in the dissolution of marriage petition. The judge will then rule accordingly, if the divorce is granted (and it almost always will be) a copy of the default judgment and the final divorce decree will be sent to the non-responding party. When a default judgment is entered, the non-responding party loses their option for amending or contesting the action and issues (such as custody, property rights, etc) unless they can prove they were not properly served in accordance with the state laws. The issue of a notification in a newspaper only pertains to a "missing spouse", not to someone whose location is known.
Who has child custody in divorce when their is no custody set?
The parents have assumed joint custody.
How can you divorce your illegal husband of 9 years and with children?
You divorce and get custody over your kids or just get full custody!
You have joint custody dad moved does this void divorce custody agreement?
no
How can a teenager change his or her divorce custody?
He/she can't. Only the parents can change custody.
Fail to respond to divorce papers served by mail?
When you fail to respond to divorce papers served by mail, the court issues what is known as a "default" in the case, for failure to respond. When a default is issued, the judge will more than likely grant the petitioner what they are asking for in the petition. A divorce and any assets or any other special consideration and custody. For instance, if the person is asking for exclusive use of the marital home or temporary relief, the judge will grant that along with the divorce.
If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?
You have the visitation rights that were established in the divorce, and you have no custody rights.
How can you get a divorce if your spouse refuses to sign the divorce papers in Louisiana?
If you serve your spouse and he/she refuses to sign, you may be able to win your divorce by default. Divorce by default happens when the person served fails to respond to the legal documents.
How does a default divorce work in Florida?
If your spouse has been notified of the pending divorce and fails to respond to the petition within the allotted 20 days, then you can petition the judge for a default judgment of divorce.
Can my husband get temporary custody of our 11 and 13 year old children if he goes to file for divorce first?
Custody rulings have nothing to do with who files for the divorce first.
What is the process for responding to a divorce modification summons?
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