What will happen if my ex-spouse has not responded to any file paperwork?
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What will happen if my ex-spouse has not responded to any file paperwork?
I live in CO and filed for divorce here. My ex spouse hasn’t filed any response to the papers. This is a do-it-yourself divorce. What will happen to property if they haven’t filed a response?
Asked on February 5, 2019 under Family Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
In such a situation such as this, the petitioning spouse (i.e. the one filing for divorce) can be granted what is known as a "divorce by default". The way it works is that as long as a valid summons and complaint has been filed with the court and the respondent (i.e. the non-filing spouse) has been properly served, the petitioner can be granted a divorce if the respondent fails to file an answer within the time period set by their state (generally 30-60 days). After that, they will be considered to have "defaulted". Accordingly, the petitioner can then file the final paperwork and appear in court. At that point, the judge will rule based solely on the petitioner's testimony. A divorce is then typically granted on the terms requested.
Here is a link to an article that you may find to be of help:
https://family-law.freeadvice.com/family-law/divorce_law/spouse-refuses-to-sign-divorce-papers.htm
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
In such a situation such as this, the petitioning spouse (i.e. the one filing for divorce) can be granted what is known as a "divorce by default". The way it works is that as long as a valid summons and complaint has been filed with the court and the respondent (i.e. the non-filing spouse) has been properly served, the petitioner can be granted a divorce if the respondent fails to file an answer within the time period set by their state (generally 30-60 days). After that, they will be considered to have "defaulted". Accordingly, the petitioner can then file the final paperwork and appear in court. At that point, the judge will rule based solely on the petitioner's testimony. A divorce is then typically granted on the terms requested.
Here is a link to an article that you may find to be of help:
https://family-law.freeadvice.com/family-law/divorce_law/spouse-refuses-to-sign-divorce-papers.htm
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