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  1. #1
    Join Date
    Dec 2005
    Location
    texas
    Posts
    2

    Default Divorce by Default

    :twisted: This is a question for my sister:


    Her ex lives in florida and she is in montana. They are still legally married. He was in the military and wants to go back. HE wants her to sign the papers so she gets none of the signing bonus or anything else. He even was soo low as to file bankrupcy without telling her and didnt include any of ehr debts!! He said he will have a sherriff office bring ehr the papers in mt. and he sd he was told if she dint sign them he would win by defualt. is this true?? what does she do when she gets the papers. she doesnt have a lot of money and is very sick. thankyou and i will pass on any suggestions

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Divorce by Default

    She would be defaulted if, after being served with notice of the divorce, she failed to respond to the divorce complaint as required by law. She does not have to accept her husband's ultimatim in order to avoid default.

    A bankruptcy court can only discharge the debts of the debtor. If he declared bankruptcy by himself, the court would not have been able to discharge her debts.

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