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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Default Spouse Does Not Respond to Petition

    My question involves a marriage in the state of: Indiana

    Back in early October I filed petition for divorce in my county. My spouse was served with papers certified mail. The 60 day cooling off period has passed and my spouse has not responded to the petition. I know that she has received the papers. She had asked me what to do and I advised her to contact an attorney. In Indiana what is the next step that I should take with the courts if she does not respond. I do not have an attorney. Any advice would be helpful, thanks.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,800

    Default Re: Spouse Does Not Respond to Petition

    I found the following online:

    The Process of Divorce

    There are only three basic procedural steps to divorce:
    •File divorce papers
    •Notify Spouse (by service of summons and/or signing a waiver or acceptance of service.
    •Final Divorce Judgment (only the filing spouse is required to attend although both spouses may choose to be present for the hearing)

    Default Indiana Divorce

    In a default Indiana divorce, only one spouse (the one filing the divorce) is required to sign anything. One spouse files the divorce papers. The other spouse is then notified by being delivered a copy of the divorce papers by the Sheriff, Constable or other authorized process server, (and in some states by certified mail). The spouse being "served" with the divorce papers is not required to sign anything. All that is required is proof that they were notified - not their consent. You cannot force someone to stay married to you.

    I can't attest to the accuracy of those comments.

    You might find more information on the court website:

    http://www.in.gov/judiciary/2806.htm

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