If I got my divorce papers from a do-it-yourself site and then sent them to him a while ago but he still hasn’t sent them back, can I go ahead and file for the divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I got my divorce papers from a do-it-yourself site and then sent them to him a while ago but he still hasn’t sent them back, can I go ahead and file for the divorce?
Asked on January 23, 2016 under Family Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In a situation wherein the non-filing spouse (i.e. the "respondent") will not sign divorce papers, the spouse filing for divorce (i.e. the "petitioner") can obtain what is known as a "divorce by default". As long as a valid summons and complaint have been filed with the court and the respondent has been properly served, the petitioner is entitled to a divorce if the respondent fails to file an answer to the complaint within a specified time period (generally 30-60 days).
After that time, the respondent will be deemed to have "defaulted". As a result, the petitioner can then file their final paperwork and appear in court. The judge will then make their ruling solely on the petitioner's testimony. A divorce is then typically granted on the terms requested.
Note: The repondent has a certain period of time in which to appeal, depending on the state. After that, the court's ruling becomes final.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.