QUESTION
What happens next if I file a Complaint, a Waiver and Settlement Agreement and my husband don't return the documents?
Asked on Oct 25th, 2012 on Divorce - California
5 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I assume this is a divorce..If he does not answer..and you can prove he has been properly served...you can file for a default judgment. and eventually get a default judgment.
Answered on Oct 29th, 2012 at 6:32 PM
You need to discuss how to proceed in a default situation. You should consult a family law attorney or facilitator to review what you have done so far and how to proceed from here.
Answered on Oct 29th, 2012 at 6:31 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If he already signed the agreement, the court can adopt it, once he waives service or you get service. If the agreement is not signed, you have to proceed with a contested divorce.
Answered on Oct 27th, 2012 at 10:14 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Apparently you are referring to divorce paperwork in a state other than Colorado. The simple answer is that if your husband doesn't return whatever you have sent to him you need to proceed on the assumption that your case must be treated as a contested case that will require a judge to make all the decisions about finances and children.
Answered on Oct 27th, 2012 at 10:12 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It depends what stage you are in your case. You may have to proceed by default
Answered on Oct 27th, 2012 at 10:11 AM