I filed for divorce from my husband and today was his deadline to respond to the papers. I talked to my lawyer and he hasn't responded, so she says the divorce will go default. Does anyone have any information on this type of thing? I'm a bit confused on how a default works. Any information would be greatly appreciated!
2006-07-31 15:42:54 · 16 answers · asked by ♫Joshua's~♥~Girl♫ 5 in Family & Relationships ➔ Marriage & Divorce
Dear Worried Mama,
You know your husband better than most. Did he have any psychological problems when you lived together? Do you feel his non-response approach is his way of waiting to react in his own time? If you feel unsafe in anyway, you should ask your attorney about filing for an injunction for protection order.
You want to be prepared in case he shows up some place unexpectedly. You never know how one will react and you don't want to find out the hard way.
The fact that he is now in default puts you in a better position in the eyes of the court. The court will take his non-reply approach as a way of defiance of an order of the court. It leaves the door open for you to ask the court for just about anything you want, talk to your attorney about different things you may ask for in your situation.
The default situation just makes it easier to be awarded things you would normally have to fight for, costing you more in attorney fees. In most states, you may even ask the court for him to pay your attorney fees, and get it, provided they are usual and customary.
You basically will be given or granted just about everything you ask for while he is in default. That ought to get his attention. Which is why I asked about any underlying psychotic behavior you may anticipate, Now would be the time to ask the court for protection and you'll get it.
Don't do anything silly like calling him to boast about your upper handed position. It may be the straw that breaks the camels back, so to speak. Just get your divorce done, and go on with your life or lives. If you want to minimize contact with your husband you can ask the court to have any court-ordered monies to be paid directly to the court. The court will send you a check. You won't have to contact your ex. If he gets behind in paying or in arrears, the courts will take issue with him. It's better for you all around. Ask your attorney about that.
I hope this answers your question to your satisfaction and I pray all will be well for you in your new life ahead.
Regards,
Raylene♥
2006-07-31 16:31:48 · answer #1 · answered by Raylene 3 · 4⤊ 2⤋
Use the word default as if using computer language. If one program fails the computer automatically goes to the default and takes over the information. Default means that even without his response the divorce is still ongoing. I hope this helps. I tried. Paul
2006-07-31 15:49:28 · answer #2 · answered by Teacher 6 · 0⤊ 0⤋
default is right. That just basically means that the court will proceed without his permission. That he's not fighting for anything. It's a good thing...although it can prolong things. My ex hasn't responded to any papers and it's been 3 long years. But I'm in no hurry either. Any other questions I'll be happy to help you. I feel like a pro at this point!
2006-07-31 15:47:08 · answer #3 · answered by ksn_23 2 · 0⤊ 0⤋
default means 30 days has passed w/o a response therefore you can go through with the rest of the process on your own. even after you have a judgment in a divorce there is usually like a 6 month period afterward where the case can be re-opened and re-evaluated though. depends on the laws where you are.
2006-07-31 18:56:59 · answer #4 · answered by cherastitch 2 · 0⤊ 0⤋
In certain states and contries, it's recognised that as long as either spouse is not leaving together for a minimum of 2 years, it's considered a divorce. It doesn't have to have the consent of the other spouse. Check with your lawyer or other lawyers.... or go to the subordinate courts to enquire?
I hope this info will help.
2006-07-31 15:47:47 · answer #5 · answered by denizen251 2 · 0⤊ 0⤋
A divorce is a civil case. Generally, in a civil case, if someone fails to respond, they lose. You'll be granted a divorce for sure. If you live in a community property state, you'll probably get 100% of the community property. You have to ask you attorney or check some divorce websites that pertain to your state.
2006-07-31 15:50:49 · answer #6 · answered by Otis F 7 · 0⤊ 0⤋
you will get your divorce, no judge will make you stay married, you or your lawer will have to put a public notice in the local newspaper and u have to wait a few days, then it you will be granted the divorce on his default. It is legally the same as if he signed....not to worry, now the dating game, that i s something u can worry about...lol
2006-07-31 15:49:37 · answer #7 · answered by wizzard 4 · 0⤊ 0⤋
If the man does not respond to the divorce papers then you need to go talk to him. Maybe he is doing this on po
purpise because he wonts to talk to you.
2006-07-31 15:52:40 · answer #8 · answered by Marie W 1 · 0⤊ 0⤋
The divorce goes on anyway, it may take a little longer but the divorce will be granted
2006-07-31 16:23:47 · answer #9 · answered by missy1978 2 · 0⤊ 0⤋
Yes, I went to court 12 times to get my first divorce . The judge finally granted it. He was not a happy camper. But I sure was. Good luck!!
2006-07-31 16:07:53 · answer #10 · answered by tammy s 1 · 0⤊ 0⤋