Can a judge make a decision on a dissolution of marriage without the defendant being served and present at court?

If the defendant was not personally served or signed for certified mail can the judge make a ruling in favor of the petitioner without the contest of the defendant?

Asked on December 2, 2011 under Family Law, Oklahoma

Answers:

David Lee / Law Offices of David Lee

Answered 8 years ago | Contributor

The Respondent would have to be served personally with a summons or given notice by publication.  If the summons has been served, a respondent would have 30 days to file a response or an appearance or risk having a default judgment entered against them.  I don't believe any judge in the State would enter an order of dissolution without proper notice to the respondent.

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David Lee

 


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