Can I get a default divorce if there are children involved?

If I serve my husband, I know he will not contest it within 30 days. He’s an extreme procrastinator, this is the only way that I can get what I want. What I want is for him to be totally out of our (mine and my son’s) lives.

Asked on June 6, 2012 under Family Law, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am sorry for your situation.  The court may in fact grant you the divorce and possibly temporary custody but they may not decide the child support or custody issues at this time. Nor division of assets.  It really varies from state to state as to same.  It is best to consult with an attorney in your area on the matter.  Good luck.

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