If you serve your spouse and he/she refuses to sign, you may be able to win your divorce by default. Divorce by default happens when the person served fails to respond to the legal documents.
I filed for a divorce in Sept of 2008 but filed for a default in April of 2009 would the courts deny the entry for default and the respondent was served in Nov of 2008 if I filed it in April of 2009 being that so much time as passed or would the divorce go through in the time allowed? of six months this is in california.
States like to give those individuals that, for whatever reason, were unable to attend the divorce proceeding. That being said, there is typically a certain amount of time after the default judgment has been entered that you will have to contest the divorce by showing good cause why you did not attend the divorce proceeding.
Not after the divorce is final.
States like to give those individuals that, for whatever reason, were unable to attend the divorce proceeding. That being said, there is typically a certain amount of time after the default judgment has been entered that you will have to contest the divorce by showing good cause why you did not attend the divorce proceeding.
A default divorce usually means that the court date came without the other spouse (the one who didn't file the paperwork) responding or appearing. It takes the same amount of time as a regular divorce. If you're asking about how long it has to be before you can file for a divorce because of desertion, in Illinois it's one year.
which period
I think there may be a "default" time for the respondent to reply. If that time period lapses, judgment may occur anyway on the appointed court date, possibly leaving the spouse out in the cold.
A default Divorce is a divorce that will still take place wether the other party has responded or not the being served papers. Normally after being served they have 30 days to agree or deny. If they don't respond in 30 days you can go to court without them and get your divorce anyway.
12 months after a "legal seperation", a divorce can be proceeded with.
File the divorce papers have them served on the spouse. If there is no response within the required time limit file a request for the divorce to be granted under the state default laws. A spouse cannot avoid a divorce they can only contest the terms of the dissolution petition. If the default laws apply the non compliant spouse forfeits the right to contest the terms of the divorce decree.
After you have done every possible effort to try to summon your spouse with the divorce papers and after this person have receive the papers on his hands and you have a receipt that proves that he was serve on jail or prison, he or she has 21 days to respond to your divorce petition. After this time has passes then you can request a court day on which you can ask the judge to please give you a divorce by default. But remember you have to make sure he was serve.