WHAT DO I DO IF I WANT A DIVORCE BUT HE DOES NOT.

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WHAT DO I DO IF I WANT A DIVORCE BUT HE DOES NOT.

After 2yrs of marriage I would like to divorce. He was unfaithful throughout the entire marriage and don’t want to deal with it anymore.

Asked on October 5, 2016 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In a case such as this, you can file (as the "petitioner") and can obtain what is known as a "divorce by default". A valid summons and complaint must be filed with the court and your husband (the "respondent") must be properly served. As long as he is, then you may be entitled to a divorce if your husband fails to file an answer within the specified timeframe (usually about 30-60 days). After that time, your husband will be deemed to have "defaulted". At that point, you can appear in court and the judge will make their ruling solely on the written/oral testimony that you submit. A divorce is generally then granted on the terms that you requested. Since this all varies from state-to-state, you should consult directly with a local divorce lawyer who can best advise you further.


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