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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.
Your spouse can contest the divorce at any point that they want to. They cannot force you to stay married to them so it only drags it out if they contest it.
A default Divorce is a divorce that will still take place wether the other party has responded or not the being served papers. Normally after being served they have 30 days to agree or deny. If they don't respond in 30 days you can go to court without them and get your divorce anyway.
in law it is where you agree atleast 6 months in advance of your divorce papers being handed into the solicitors, you then have 2 months in which to withdraw your papers.
In my case yes, my ex called me about 30 minutes later and knew that I had just received the citation! This is in TX.
You should seek legal advice and file divorce papers against her. Your lawyer will draw up papers stating why you are filing for divorce. In most States a divorce would be granted for several reasons, one being 'alienation.'
People may get served papers for a variety of reasons, including being involved in a legal dispute or lawsuit, receiving a court summons, or being notified of legal actions such as eviction or divorce proceedings. Serving papers is a way to officially communicate legal information and ensure that individuals are aware of their rights and obligations.
The rules for a divorce will vary according to where the divorce is being asked for. It will generally involve filing of papers by one or both parties and a hearing in a court of law to determine if the divorce will be granted.
You can't refuse court served papers. Each state varies but service could be accomplished just by leaving the papers on the door of the persons house (provided the person serving the papers are authorized to do so).
If you are talking about being signed by the spouses, then no. Before a divorce is final it has to be approved by a judge. The judge actually grants the divorce, your signatures only show that you both agree to the divorce.
The court issues a summons or process and a sheriff or summons server delivers it to the individual. Papers are served as a result of an action filed with the court, then the court notifies those involved that they must appear.
Your attorney should know what to do. If you don't have an attorney, you should get one. However I just answered a similar question about parent being served. Please click on my name to read a detailed answer about serving a parent.