Check with your lawyer.
When you fail to respond to divorce papers served by mail, the court issues what is known as a "default" in the case, for failure to respond. When a default is issued, the judge will more than likely grant the petitioner what they are asking for in the petition. A divorce and any assets or any other special consideration and custody. For instance, if the person is asking for exclusive use of the marital home or temporary relief, the judge will grant that along with the divorce.
If you serve your spouse and he/she refuses to sign, you may be able to win your divorce by default. Divorce by default happens when the person served fails to respond to the legal documents.
If your spouse was served PROPERLY with paperwork and they do not sign or respond by the deadline, you will automatically get the terms u asked for in the divorce.
After you have done every possible effort to try to summon your spouse with the divorce papers and after this person have receive the papers on his hands and you have a receipt that proves that he was serve on jail or prison, he or she has 21 days to respond to your divorce petition. After this time has passes then you can request a court day on which you can ask the judge to please give you a divorce by default. But remember you have to make sure he was serve.
No, divorce papers are NOT void
United StatesYou can petition for divorce but you cannot do it in secret. The court will order that your husband be served with the notice of your filing. If he cannot be found the notice will need to be published in a local newspaper. If he doesn't respond the divorce can proceed. A person who refuses to respond to or sign divorce papers cannot prevent the other party from obtaining the divorce.
The final divorce papers will be entitled: 'Final Divorce Decree or Dissolution of Marriage.' The divorce paper will spell out the terms of the divorce between the parties and include a signature from a judge in the county.
No, you can't remarry if divorce papers are filed but not final.
the divorce papers must have a court seal and sign by the clerk of court
get a lawer and sue her ! they can make her sign the papers !
Go to the Clerk of the District Court in the county where your divorce papers were filed and get a copy.
If you cannot be found or if you refuse to respond to a petition for divorce, that cannot prevent your spouse from obtaining a divorce. The important signature on a divorce decree is that of the judge. You should contact the court where the divorce was obtained and order a copy of the divorce decree. If you go in person, you can request to see the file and review the contents.