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 7 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.


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.

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