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  1. #1
    Join Date
    Dec 2013
    Posts
    24

    Default What if Your Spouse Doesn't Respond to the Divorce Petition

    STBXW was served with divorce papers last week. I filed as 'No Fault'.

    Simply put,

    What happens if she doesn't respond at all to the petition ?

    And what ARE her options as far as responding ?

    Any input and suggestions are appreciated.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: What if They Don't Respond to the Divorce Petition

    Quote Quoting george roy
    View Post
    STBXW was served with divorce papers last week. I filed as 'No Fault'.

    Simply put,

    What happens if she doesn't respond at all to the petition ?

    And what ARE her options as far as responding ?

    Any input and suggestions are appreciated.
    Are you doing this with an attorney, or without one?

  3. #3
    Join Date
    Dec 2013
    Posts
    24

    Default Re: What if They Don't Respond to the Divorce Petition

    Quote Quoting llworking
    View Post
    Are you doing this with an attorney, or without one?
    I am working with an attorney.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What if They Don't Respond to the Divorce Petition

    Then you should talk to your lawyer.

    If your ex- defaults, you can seek entry of a default then proceed with the remaining litigation of the case (assets, custody, etc.) If she appears and answers, she can file a counter-complaint if she chooses. And then, if you don't settle, you litigate the issues. In rare circumstances the other spouse may object that the proper grounds for divorce do not exist. As you were told when you posted, when you were instructed to identify your state, laws are different in each state.

  5. #5
    Join Date
    Dec 2013
    Posts
    24

    Default Re: What if They Don't Respond to the Divorce Petition

    Quote Quoting Mr. Knowitall
    View Post
    Then you should talk to your lawyer.

    If your ex- defaults, you can seek entry of a default then proceed with the remaining litigation of the case (assets, custody, etc.) If she appears and answers, she can file a counter-complaint if she chooses. And then, if you don't settle, you litigate the issues. In rare circumstances the other spouse may object that the proper grounds for divorce do not exist. As you were told when you posted, when you were instructed to identify your state, laws are different in each state.
    State is New York.

    I was curious what could happen, as the lawyer is unreachable until Monday.

    If I understand correctly, if she doesn't answer, then (basically) her silence means she agrees to any terms set forth ?

    Input and advice is always appreciated.

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