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.
No. Contact your county Facilitator's Office for information on what you need to do next.
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 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.
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.
No, Depending on the state, there still has to be a trial, showing your case as to why you want to be divorced. Default just means that the defendant hasn't responded to the summons, and has to have good reason to be part of the proceedings. Defaults are usually denied when you do not serve the other side correctly. Divorce is only final when you receive the signed decree of divorce from the court.
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.
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.
No, there is a divorce by default as long one spouse is served. Also see a California divorce Attorney- www.california-familylawyers.com
Yes, within 30 days.
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.
A Request for Entry of Default is filed by the plaintiff when the defendant did not show up for the hearing and the plaintiff wants the court to enter an Entry of Default. The Entry of Default must be filed before a Default Judgment can be issued whereby the plaintiff will prevail in the lawsuit.If your case is not ready for a default hearing, you will receive a red notice with instructions on what to do next in your case to get a default hearing set, or if you cannot go by default. You should contact the court if you have questions.