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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.
A spouse that does not sign divorce papers will get a default judgment entered against them and the divorce will still happen. You can however contest the default judgment if the court allows you to do so and thinks you have a good reason why you did not sign the papers.
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.
No. Contact your county Facilitator's Office for information on what you need to do next.
That will not prevent the divorce. The courts will allow publication of notice in the local paper. It may take a little longer but if the respondent chooses to not represent their own interests in the divorce the plaintiff can obtain a default judgment.
States like to give those individuals that, for whatever reason, were unable to attend the divorce proceeding. That being said, there is typically a certain amount of time after the default judgment has been entered that you will have to contest the divorce by showing good cause why you did not attend the divorce proceeding.
In Alabama, even if one party does not want the divorce to proceed, the other party can still get the divorce granted by filing for a default judgment. Since children are involved, I would not let the divorce get to this stage. At a default judgment hearing, the party requesting will more than likely be granted most of what they request while you are left out in the cold.
Make the damages part of the divorce proceedings and request restitution.Make the damages part of the divorce proceedings and request restitution.Make the damages part of the divorce proceedings and request restitution.Make the damages part of the divorce proceedings and request restitution.
States like to give those individuals that, for whatever reason, were unable to attend the divorce proceeding. That being said, there is typically a certain amount of time after the default judgment has been entered that you will have to contest the divorce by showing good cause why you did not attend the divorce proceeding.
One may get information about divorce proceedings by using the resources at Divorce Aid. They provide guides on the legal requirements and the process of divorce.
Yes. I am not sure which side of the divorce you are on from your question (the one not signing or the one wishing the other would sign) However, either way if a party to a divorce refuses to sign the divorce papers (or cannot be found or for some other reason) then you can still get a divorce by having a default judgment entered against you or the other party. The way that works is the appropriate papers are filed in court by one party and when the other party does not show the default judgment is entered and the divorce is close to being finalized. It is important to note that most states have a procedure through which a spouse who has been divorced by default can contest the divorce, in certain limited time.
A divorce affidavit is a legal document filed by a party wishing to dissolve a marriage. The initial legal document that initiates divorce proceedings may be called a divorce affidavit or a petition to start divorce proceedings.