I got served with divorce papers around 20 days ago and it also said i had 20 days to reply to it. I think i may have gone over the 20days, so anyway my husband is having second thoughts and said that his lawyer had told him, he could do nothing and could leave it open for like 6 months as there might be a chance of reconciliation, and work our marriage out. I guess my question is, have we left it too late? will the divorce go through now, since i havent replied to it? or if we both do nothing..it will be left open??? or does my husband need to do more paperwork in order for it to go through??
2007-01-09 22:37:40 · 8 answers · asked by Lost 1 in Family & Relationships ➔ Marriage & Divorce
Be careful. First of all, if your husband has filed, he can try to sneak through a default divorce by telling you to do nothing. It will not be easy for him to do it as there are many notice requirements before a default can be entered but lots of spouses have tried that route before.
Most likely, of course it depends on the state, the divorce will remain a current filing with the court for a few months. He will then get a notice that he has to either move for a default or dimiss the divorce. If during that time either you decide to file a response or he decides to move forward then you can just move forward at that time. He can also just dismiss it during that time.
So, to answer your questions - the divorce will not "automatically go through" if neither one of you do anything. It will remain open if you both do nothing. Yes, he will have to do more paperwork to finalize the divorce.
Good luck.
2007-01-09 22:51:22 · answer #1 · answered by CV 3 · 0⤊ 0⤋
If your husband filed for the divorce then it is up to him to either pursue it or stop it, if you haven't responded yet it doesn't matter, because in some states he can still get a divorce without you consenting, if he is having second thoughts then it is up to him to have the lawyer stop the proceedings other wise there will be a court date and the Judge will hear the case.
2007-01-10 06:43:12 · answer #2 · answered by Denny O 4 · 0⤊ 0⤋
family law court usually has what is called a CMC (case management conference) The courts need to be place the case on HOLD---if after 6 months (depending on what the laws are in your state) the divorce has moved forward a Motion to Dismiss without prejudice can be done. Next time you file or he file for divorce make sure that is what you both want....it saves time, and money foolishly spent on legal fees!
2007-01-10 06:46:09 · answer #3 · answered by aunt_beeaa 5 · 0⤊ 0⤋
Go with him to court and see the court clerk tell the clerk you want the divorce action previously filed, withdrawn. Get it in writing. You'll be covered by seeing to it that it's cancelled.
Failure to do so could result in your husbands attorney and or the court pursuing it and granting the divorce.
2007-01-10 06:51:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
My state has a 31 day default. my neighbors husband had here served (unbeknowst toher they were even having probs) she's served at work etc- follows through onall her legal ends at after all this crap he fails to show at the court app. She was divorced by default. check with your attorney or court.
2007-01-13 23:30:44 · answer #5 · answered by KATHEYCARCRASHER 2 · 0⤊ 0⤋
It depends upon what state you live in. Check the website for your local court or seek an attorney's advise.
2007-01-10 06:41:22 · answer #6 · answered by Tellin' U Da Truth! 7 · 0⤊ 0⤋
All you have to do is inform the court(through your lawyers) what your decision (divorce or not)is.They won't force you to get a divorce.
2007-01-10 06:42:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
what state ????????
2007-01-10 06:47:27 · answer #8 · answered by elite_women_rule_the_rock 6 · 0⤊ 0⤋