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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6390
Experience:  20 years of professional experience
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I obtained an attorney after one year of using a mediator

Customer Question

I obtained an attorney after one year of using a mediator with no resolution. June 12,2016 my wife was served divorce papers from a process server. Since this date she has not responded in writing to this summons. Currently she has exceeded the 20 day period and is in default. I have two questions.
1) what is the next steps needed to obtain a default divorce? I would like to get this done
as quickly as possible.
2) does my attorney need to provide my wife with any written information that she is in default and allow her more time to respond?
Submitted: 11 months ago.
Category: Family Law
Expert:  Maverick replied 11 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

So, first you or your process server should file proof with the court that service was made on the wife.

Next, 45 days after the expiration wife’s time period for responding, and if she does nothing, you can file a petition asking the court to enter default against her. The court will then schedule a hearing. You must appear before a judge to confirm the information contained in your divorce complaint and to explain why you believe divorce is proper on your terms. The court should then grant your divorce.

You lawyer does not need to provide the wife with more time to respond but still should serve her with a copy of the petition for default.

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