What to do if I was served almost 2 years ago but did not do anything about the divorce or respond?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I was served almost 2 years ago but did not do anything about the divorce or respond?

Neither me nor her showed up for the 6 month court date (2 months ago). She informed me the there is a new court date in 6 months, however she is under the impression that because 6 months have passed, she can go to the court and have the marraige dissolved without any imput or contestation on my part, and further, that the judge will dissolve the marriage and stipulate that the assets, custody, and child support be worked out at a later time. Is this possible? If so, besides getting a lawyer, how does one protect themselves in this situation?

Asked on January 3, 2013 under Family Law, California

Answers:

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

Answered 8 years ago | Contributor

When you fail to answer a summons and complaint the party that serves the pleading  - here your wife - can obtain a "default" against you and proceed to ask the court for the relief requested.  Here, the divorce.  So she can probably get the actual marriage dissolved and yes, the court will decide the other issues later on or at the hearing.  And if you fail to appear there it could work against you.  I would go to court and file an answer. The I would speak with an attorney asap.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption