QUESTION
If I file for divorce and he doesn’t respond, what will happen to the home?
Asked on Jan 16th, 2013 on Divorce - Michigan
More details to this question:
My husband can’t be found and I need a divorce. My husband knows I want a divorce but running from it. I am in the home, paying all the bills also maintaining it.
8 ANSWERS
There are a couple of questions that I need answered before I can adequately answer your question, such as, who's name is the house in, is there any equity in the house, and what is your desire to do with the home?
Answered on Jan 21st, 2013 at 7:52 PM
If your husband has been served with papers you need to take his default if he hasn't responded. Then, ask for a default hearing and tell the judge how you want the house divided. You might want to hire a lawyer to get you through this part of it because it can get a little complicated. Good luck.
Answered on Jan 21st, 2013 at 7:51 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Thank you for the important question. You need to hire an experienced family law attorney like me. If you file for divorce, and your husband does not respond, you will be entitled to a default judgment and a dissolution of marriage. There are legal methods of providing jurisdiction to the court over a person who is avoiding the divorce proceedings.
Answered on Jan 21st, 2013 at 12:33 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you have equity in the home, you will probably have to pay him his half in order to keep the house. If you don't have any equity, i.e. it is underwater, then you might get him to agree to let you keep the house. Of course, you also have to take into consideration all of the other property and debts since in Idaho community property and community debt has to be shared equally.
Answered on Jan 21st, 2013 at 12:32 PM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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If you don't know the whereabouts of your husband, you can file the divorce and serve him through publication. In Georgia, he has 60 days to file an Answer when served by publication. If no answer is filed, you can proceed with your divorce action. The judge will hear your evidence and make a decision even if your husband does not appear. Retain the services of an attorney to handle this for you.
Answered on Jan 21st, 2013 at 12:32 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Divorce is separate from property but they post notice and it will not stop you from getting divorce. Property may be more difficult if he doesn't cooperate.
Answered on Jan 21st, 2013 at 12:30 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The home is a trial issue so can't be handled now unless its about to go into foreclosure.
Answered on Jan 21st, 2013 at 12:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with details and get a valid opinion. Sounds like you should get the house, but you may have to deal with his interest in it if there is equity.
Answered on Jan 21st, 2013 at 12:29 PM