If my wife filed for divorce but I don’t want one, what can I do?

Asked on May 28, 2012 under Family Law, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, there really isn't anything that you can do if your wife is determined to go throught with a divorce. Even if you don't sign or otherwise answer the suit, she can still get the marriage dissolved. The way it works is that if you fail to respond to any documents sent to you, after a certain period of time (30-60 days in most jurisdictions), you will be considered to have defaulted. The court can then issue proceed to issue what is termed a "default divorce". Further, it will typically be granted on the terms and conditions that she requests (although you will be given a timeframe in which to appeal any property settlement or custody issues). Your best bet now is to consult with an attorney in your area.


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