QUESTION
Is the divorce still be granted if the other spouse did not signed the papers?
Asked on Mar 11th, 2014 on Divorce - Florida
More details to this question:
If I filed for divorce, had my spouse served by a process server only to come back not served, so then did the citation by posting and waited the allotted time, so now I am just waiting on my court date. What happens if my spouse shows up to my court date? Will the judge still grant the divorce even though the waiver and decree are not signed by my spouse? I couldn't find them and tried to have them served, so aren't all my bases covered and wouldn't the judge file in my favor? I'm not asking for anything. We didn't have anything. I just want the divorce.
5 ANSWERS
Yes. Get a paralegal to help you get finished.
Answered on Mar 14th, 2014 at 10:30 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally you have to get a court order to allow posting as a means of service...its called "alternate service" and you must file a motion to have the court grant it. If you are not asking for anything but the divorce and if he was legally served (or as above served pursuant to alternate service) ... then even if he does not show up you can get the divorce it will be called a default divorce. If he shows up he can try to fight it but Michigan is a no fault divorce state so eventually you can get divorced.. preserve he can make it a rocky road to get there though.. Please check out the Michigan court rules about service of process and default judgments.
Answered on Mar 13th, 2014 at 6:10 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the ninety days have passed and she was properly served or notified by publication, the judge will probably grant the divorce as long as everything is listed (assets and debts) even if she shows up.
Answered on Mar 13th, 2014 at 5:53 PM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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You should have her served by "Notice of Publication". See the circuit clerk's office for the forms.
Answered on Mar 13th, 2014 at 5:51 PM
If service by publication was properly done, the Court should move forward for you. However, the Court never likes to default a Party out, so if your spouse does show up at the hearing, the Court might allow extra time to file a response. It is really up to the Judge. Good luck.
Answered on Mar 13th, 2014 at 5:48 PM