Should I respond to a Divorce summons?

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Should I respond to a Divorce summons?

My husband and I are filing our own divorce in SC. Nothing is contested. The only marital property is our home and we have an agreement that has been signed and notarized. I was told if I don’t respond to the summons it will go into default. If I respond there is a 90 day waiting period for a court date. I was also told if I don’t respond there can be a court date in as little as 30 days. I want this divorce to happen ASAP. Is there any reason I should respond? I was still going to show up for the court date. Will the judge ask me why I didn’t respond to the summons? What should I tell him?

Asked on May 25, 2009 under Family Law, South Carolina

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You should respond to the summons and go to court to find out what is going on.  While nothing may be contested,t eh judge may want to talk to the parties to determine whether they are knowingly entering into the divorce decree that you are explaining.  Furthermore, while you believe the case is uncontested, you want to know for sure that your husband has not changes his mind and done something contrary to your understanding.


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