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A person cannot be denied a divorce, but the terms of the divorce can be contested which sometimes leads to a long and lengthy court battle. When a spouse is served with a dissolution of marriage summons and fails to respond the spouse seeking the divorce may petition the court for a motion of default. A judge will review the petition to be certain everything is in order, the judge may also choose to interview the filing spouse. After the judge is satisfied that proper procedures have been followed the divorce will be granted by default. The non-responsive spouse will be notified that the divorce has been granted and that they have forfeited their legal rights to contest any of the terms that were included in the original dissolution of marriage petition. These procedures apply whether a spouse is incarcerated, residing in another state or living outside the country. Be advised, a divorce granted by default does not relieve a spouse of the obligation of child support, that is a different issue.

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โˆ™ 2005-11-24 19:52:44
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Q: Could an inmate request a divorce and get one even if his wife denies it?
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