Saturday, October 31, 2009

Question about entering for default in a divorce?

It's been 30 days since my husband was served and he hasn't signed our divorce papers. I just entered for default today since he hasn't signed and I was told that they send it in for approval and also there's a possibility of it being rejected. On what grounds would they reject it? Any insight on this is appreciated.
Thank you
Answers:
The judge has to make a determination about whether it is proper.
He/She cannot just give you something because you asked for it. Especially if children are involved.
When my husband adopted my child, the bio father didn't respond to the papers. We were given a default judgement because of his lack of response. Generally, someone served these kinds of papers are given x amount of time to contest, and then a default judgement is entered. The default could be rejected if the judge has any doubts that your soon to be ex got the paperwork, or if children are involved, he may decide to extend the deadline. Sooner or later though, they have to give you a divorce, whether your husband signs or not.

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