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.
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.
He can refuse, but that will not prevent the requesting spouse receiving a divorce under the default laws.
The time frames in each state vary in regards to the amount of time that passes before a divorce becomes final. In regards to a default divorce, it depends upon the state you live in and the circumstances surrounding the 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.
You can divorce for any reason.
You can still get a divorce when your spouse refuses or cannot be found to sign the papers. Within a few weeks the served spouse must answer whether he or she agrees with the complaint. By default in many states, a failure to answer the complaint is viewed as an agreement to its terms.
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.
No. A person who wishes to end a marriage cannot be denied the right. The terms of a divorce petition can be contested, but eventually the decree will be granted, either under normal procedure or default laws.
yes
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.
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.
yes you can when you divorce you can do anything you want with your children as long as you have custody of them.