If my husband signs divorce papers and I don’t, am I divorced or not?

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If my husband signs divorce papers and I don’t, am I divorced or not?

I’m assuming a judge signed the papers, but does that mean I’m divorced too or am I supposed to do something too?

Asked on January 6, 2011 under Family Law, Alabama

Answers:

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

Answered 10 years ago | Contributor

Do you know what exactly happened here?  Were you served with divorce papers from your husband?  Were they a Summons and Petition for Divorce?  And did you answer the Petition (by filing an Answer formally with the Court)?  If you were served with the papers above and you did not answer then your Husband had the right, after a certain period of time that is set by statute (generally 30 days or so), to request that the court enter a default against you.  Then the court can order you be divorced without you having to appear in court.  Find out what happened here exactly and then go and seek some legal counsel.  Good luck.


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