If I filed for a no-fault divorce over a year ago but my wife will not sign, how canI get a divorce?

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If I filed for a no-fault divorce over a year ago but my wife will not sign, how canI get a divorce?

I filed for a no-fault divorce. My current wife received the papers over a year ago and will not sign. We have not lived/slept together in over 2 years. Can she just ignore the papers? What can I do to get a divorce and move on with my life?

Asked on March 9, 2011 under Family Law, Mississippi

Answers:

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

Answered 10 years ago | Contributor

In a situation such as this, the "petitioner" (the spouse filing for divorce; you) can obtain what is known as a "divorce by default".  After so long a time you will most likely need to re-file the summons and complaint with the court and have the"respondent" (the non-filing spouse; your wife) once again properly served.  This time if she fails to file an answer to the action within a specified time (typically 30-60 days) she will be deemed to have "defaulted".  Accordingly, you can then file your final paperwork and appear before the judge, who will then make their ruling solely on your written/oral testimony.  Generally, a divorce is then granted on the terms requested.


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