what is ex-parte divorce and on what grounds it is given,if a wife does not appear before the court innumerable timesevenwhen the notice for divorce is sent to her,can a husband still get a divorce
2007-09-27 23:50:21 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Yes. In India, when a proper notice for divorce petition is served to the wife & she still fails to appear in person or through her counsel, the Family court can order to proceed ex-parte Order IX Rule 6 of the Civil Procedure Code clearly provides Procedure when only plaintiff (husband) appears
(1) Where the plaintiff appears and the defendant (wife) does not appear when the suit is called on for hearing, then-
(a) When summons duly served-if it is proved that the summons was duly served, the Court may make an order that the suit shall be heard ex parte.
If at no time the defendant /wife appear on the next date of hearing & assigns good cause for previous non-appearance, this matter will be heard ex-parte & decided on the basis of the evidence produced by the plaintiff/husband only. If the evidence is sufficient to prove the ground(s) of the divorce, the family court shall allow such petition & issue decree of divorce in favor of the husband.
2007-09-28 00:34:52 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 0⤋
In Tennessee, an exparte divorce is granted after 6 months from the date the original petition is filed, even if the respondent never shows up for court. If the notice to appear cannot be served, (i.e. respondent has moved with no forwarding address) Then a notice can be published in the newspaper for 6 weeks, then the divorce will be granted within 6 months if no reply is recieved.
2007-10-03 10:30:25 · answer #2 · answered by Jody H 2 · 0⤊ 0⤋
Yes the spouse can get a divorce if the other party does not show up. How it works in Missouri is one person files a petition for divorce. The court send the other party a questionaire to fill out and they have a certain amount of days to return the document. If you do not return the questionaire, the petitioner will automatically be granted whatever he or she is asking for in the divorce and and a date will be set to expedite the procedure.
If the person responds to the questionaire and does not show up in court when the date is set, the petitioner is granted the divorce.
You might want to check with legal aid in your state to see how they handle proceedings in your state.
2007-10-05 16:52:06 · answer #3 · answered by cinnamon35 2 · 0⤊ 0⤋
Before I answer (and yes, I AM an attorney) you would need to relate the exact facts regarding the separation, in what state it occurred, and where you are attempting to file the ex parte divorce action.
Although the posts so far are correct, they do not cover all situations where the court could overturn the ex parte order of divorce or the foreign counterpart.
2007-09-28 00:24:35 · answer #4 · answered by hexeliebe 6 · 0⤊ 0⤋
It depends on the laws in your state, but here, the papers are sent, and if not signed or answered by that party, when the court date is set, if that person doesn't show up, they take it as they want nothing from the marriage and give whomever showed up what they want and grant the divorce. The other party never has to show up for court to be granted a complete diivorce.
2007-09-28 00:02:45 · answer #5 · answered by Anonymous · 1⤊ 0⤋
In Tennessee, an exparte divorce is granted after 6 months from the date the unique petition is filed, even with if the respondent by skill of no skill shows up for courtroom docket. If the awareness to look can't be served, (i.e. respondent has moved without forwarding shelter) Then a be wakeful would desire to be printed interior the newspaper for six weeks, then the divorce could be granted indoors 6 months if no respond is recieved.
2016-10-09 23:22:55 · answer #6 · answered by ? 4 · 0⤊ 0⤋
To the best of my understanding...YES...you need to talk to free legal aid if you don't already have an attorney ...And if you do, he or she should have already advised you on this. There are alot of divorces that one or the other won't agree but I am pretty sure if it is just a simple divorce, it is granted. Now if there are alot of things involved like property and assets, I just don't know. You really need some good advice from a professional...
2007-09-28 00:02:14 · answer #7 · answered by lucylocket7258 7 · 1⤊ 0⤋
If the other party does not appear after due legal notice / reminders then the court will decide the case in the absence of such party / with out their presence i.e ex parte.
The case will be decided based on the material on record, on the merits of the case. The decree is appealable.
2007-09-28 02:32:14 · answer #8 · answered by Pramod R 4 · 0⤊ 1⤋
Yes either way I know that if one persons filed for the divorce (Man or woman) and the other keeps not replying back. You can bring up the issues to the Judge will sign for her legally and it be done with.
2007-09-28 00:09:29 · answer #9 · answered by Suspicious/wonder 1 · 0⤊ 0⤋
before I married my now X she had to divorce her X 5 times she showed up for court & he was a no show the 5th time the judge declared that her X had no objection to the divorce "if he objected to it he would have been here to say so" & gave her the divorce.
2007-10-05 15:31:01 · answer #10 · answered by villhelm 3 · 0⤊ 0⤋