If my spouse has signed all necessary paperwork but won’t be attending the hearing, will I be grantedthe divorce by default?

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If my spouse has signed all necessary paperwork but won’t be attending the hearing, will I be grantedthe divorce by default?

I’ve filed for divorce and received my hearing date. This is an uncontested divorce. We have no children. No alimony. And we have no property to split since we have been living separately. Will I be granted the divorce by default? Should I contact the court about his plan to be absent? I’ve been waiting so long for this process to be complete and I’m afraid this will only complicate things.

Asked on December 29, 2011 under Family Law, South Carolina

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Usually on a petition for an uncontested divorce there is a stipulation to enter it by default. 

That said, as long as, you have proof of service and the statutory amount of time has elapsed to respond, the court should grant the petition for divorce by default.

The key here is as follows: the other party has not responded in the statutory time; and/or They have stipulated to the default. Either way, the court should enter the default divorce.

Hope this helps


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