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You have the ability to contest a default divorce entered against you provided you can show good cause for why it was entered against you in the first place. Generally, the spouse who wants to contest the default divorce has a certain amount of time to do so - in most states it is around one year. The spouse must also show good cause for not appearing at trial in the first place. States vary as to what constitutes "good cause" but generally, being physically unable to appear (for medical or other reasons) would suffice. In some states, fleeing a marriage to escape domestic abuse constitutes good cause to re-open a default divorce, as well.
Serving in the military overseas, or in extended training, would also constitute good cause.
What else can I help you with?
Do both parties in a divorce have to sign papers in California?
No, there is a divorce by default as long one spouse is served. Also see a California divorce Attorney- www.california-familylawyers.com
What can be done if your wife will not grant you a divorce in Missouri?
File the divorce papers have them served on the spouse. If there is no response within the required time limit file a request for the divorce to be granted under the state default laws. A spouse cannot avoid a divorce they can only contest the terms of the dissolution petition. If the default laws apply the non compliant spouse forfeits the right to contest the terms of the divorce decree.
Didn't sign divorce papers with your lawyer when filing?
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.
How do you fight a default divorce hearing?
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.
What does a divorce by default mean?
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.
How do you fight a default hearing?
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.
You filed a default for divorce in California the judge put in a declaration for default today Does this mean you are divorced?
No. Contact your county Facilitator's Office for information on what you need to do next.
How do you contest or stop divorce?
In the western world you cant. you can however contest the reasons that are given for a divorce if they are incorect.
Denied default divorce?
I filed for a divorce in Sept of 2008 but filed for a default in April of 2009 would the courts deny the entry for default and the respondent was served in Nov of 2008 if I filed it in April of 2009 being that so much time as passed or would the divorce go through in the time allowed? of six months this is in california.
Can your spouse contest the divorce after 30 days of being served divorce papers?
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.
Can you get divorce in Texas without signing?
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.
Can you contest your divorce in Florida?
The specifics depend on the law of the state where the divorce is filed. However, most states provide an ability to contest a divorce. It seems unlikely that your place of residence would impact that ability.
