If my ex cannot appear in court for our divorce, can I still get my it granted?
Question Details:
I filed for divorce but my ex-husband is in state prison and cannot appear. It is uncontested with no children or property to split. Could the judge grant me my divorce without even speaking to my ex? My ex was served with the papers by the court clerks office via certified mail.
Dear Madam - Yes you can get divorced without te Judge speaking to your husband. If the case is an uncontested matter, you would just need to send a Marital Settlement Agreement to your husband and have him sign off on it. If you have children together, a parenting plan is required to be submitted. Then once you have his signature on the Marital Settlement Agreement and a Waiver of Notice of Appearance at the hearing, you can go and get divorced. Most uncontested divorces are presented to the Judge without the other party being present. I hope this helps to answer your questions.
