QUESTION
If my wife filed for divorce and I have been served, can she legally get on with the divorce without my consent?
Asked on Mar 13th, 2014 on Divorce - West Virginia
10 ANSWERS
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Yes, a divorce can be granted as long as you've been separated for the required period of time and one of the parties wants a divorce.
Answered on Mar 14th, 2014 at 6:25 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes. A divorce is a law suit. She doesn't need either your consent or your agreement.
Answered on Mar 14th, 2014 at 1:05 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Yes, unless you respond to the district clerk by filing an answer giving the court your address and phone number. When you answer then she is then required to give you notice of any court dates. If you do not respond the court will presume you do not care and she will get anything she wants.
Answered on Mar 14th, 2014 at 10:55 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes. You have to file an answer to protect yourself.
Answered on Mar 14th, 2014 at 10:28 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, she can, get an attorney.
Answered on Mar 14th, 2014 at 6:20 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Of course she can go forward without your consent. People being sued rarely agree to be sued. You need a lawyer to explain this process in very simple terms to you. You must respond to the court before a Default Judgment is entered otherwise she gets everything she asked for.
Answered on Mar 14th, 2014 at 6:20 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Yes. You are required to respond the the petition within 30 days of the service. If you fail to respond then a default can be entered by the Court and your spouse can proceed to get a default judgment for divorce without your participation.
Answered on Mar 14th, 2014 at 6:11 AM
Yes. If you fail to respond within 30 days of being served with papers she can have a default entered against you and finish the divorce without your input.
Answered on Mar 14th, 2014 at 6:04 AM
The quick and true answer is YES! No fault divorce is here and if you want a say in timesharing, if you have children, if you want a say in the division of property and debts, if those are issues, if you want a say in alimony, if that is an issue, etc., then you had better file your response or get an attorney. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Both Parties must agree to mediate. Have you considered Marriage Counseling?
Answered on Mar 13th, 2014 at 6:51 PM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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If you have been served with the Summons and Complaint in the state where the case was filed, then you are officially notified of the civil action. In that case the Court can adjudicate the case whether you respond or not. In any event you should contact an attorney to protect your rights.
Answered on Mar 13th, 2014 at 6:36 PM