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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 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.
If your spouse was served PROPERLY with paperwork and they do not sign or respond by the deadline, you will automatically get the terms u asked for in the divorce.
After you have done every possible effort to try to summon your spouse with the divorce papers and after this person have receive the papers on his hands and you have a receipt that proves that he was serve on jail or prison, he or she has 21 days to respond to your divorce petition. After this time has passes then you can request a court day on which you can ask the judge to please give you a divorce by default. But remember you have to make sure he was serve.
United StatesYou can petition for divorce but you cannot do it in secret. The court will order that your husband be served with the notice of your filing. If he cannot be found the notice will need to be published in a local newspaper. If he doesn't respond the divorce can proceed. A person who refuses to respond to or sign divorce papers cannot prevent the other party from obtaining the divorce.
No, divorce papers are NOT void
I live in Pennsylvania my husband filed and served me with divorce papers over two years ago now today I found out from City Hall that he had put an hold on divorce. And that he would have to withdraw papers or continue for our divorce to proceed. I want a divorce now. I I apply for a divorce in another State or Mexico, And will it be valid. we have joint custody over 2 teens. I just want out! Please help!
No, you can't remarry if divorce papers are filed but not final.
the divorce papers must have a court seal and sign by the clerk of court
get a lawer and sue her ! they can make her sign the papers !