I had my husband summoned for divorce but he did not file any reply what do I do now to get the default divorce done how does that work?

You need to file a request to enter default. You should consult a family law attorney or facilitator to assist you with the procedures and forms for a default judgment.

You file an entry of default along with the affidavit of default. Then you file for default judgment.

You need to follow up and file the default paper work, submit a decree along with the submission documents, affidavits of residency, confidential information worksheet etc. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.

If you are in Florida, you file a motion for entry of default, along with a proposed Default order. If you are uncertain how to proceed and not familiar with civil procedure, you should probably consult with and retain an attorney to assist you in finalizing your divorce.

There are quite a few steps to a Default Judgment, you should either consult an attorney, or if you cannot afford one, you can go to the local Self Help Center. In California Family Law Courthouses, they are readily available to help you. They cannot give you legal advice, but they can direct you to the correct forms and help you fill them out for the most common situations.

Each county has a different procedure. You need to prepare a proposed Judgment for Dissolution of Marriage, set up a default motion and give him notice of the date time and place.

Surprisingly, your husband does not need to actually file any response (called an Answer), consent to the divorce, or even show up to court. Assuming you did get proper "service of papers" (typically certified mail with return receipt via the green card or Sheriff service or the rare situation of legal publication in the newspaper under very complex rules which should only be done with an attorney), then you need only wait 30 days from the date he was served and you can then move forward to the next stage of scheduling the hearing with the court to obtain the final divorce judgment. Every county is slightly different as to the specific logistics, time frames, and protocols for calendaring the hearing, what forms may need to be completed, which days divorces are heard, etc. Therefore, you should contact your clerk's office (or case manager if your county has a division called "Family Court") to find out more. Some counties (such as Wake County as just one example) allow you to get a default divorce judgment by completing certain forms by mail and avoiding a hearing altogether! So you really need to call. While the court an't and wont give you specific legal advice, they should be able to tell you some basic things about getting the hearing scheduled or if they have other alternatives. But at this stage, there are state-required documents you need to file, in addition to whatever additional things your county may have, namely a Motion for Summary Judgment Divorce (or Default Judgment, depending on which way you are going), a Notice of Hearing (if you do it via Summary Judgment), and a Divorce Judgment. Many counties have an excellent "Pro se/Do-it-Yourself Divorce package" available at the court house and/or online and you can often use it for any county so long as you change the county name at the top as well as call the Clerk to verify you have all the proper documents and steps. Check out Durham, Mecklenburg, and Wake County for starters