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I filed for divorce. I'm in a same sex marriage. If he

I filed for divorce. I'm...
I filed for divorce. I'm in a same sex marriage. If he doesn't sign the waiver but doesn't show up for the final court date or he doesn't sign the final decree, will I still be granted the divorce? I don't want him to be held in contempt of court for not showing up. Will they issue a warrant for his arrest?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Tx
JA: Have you talked to a lawyer yet?
Customer: I'm filing pro se
JA: Anything else you want the lawyer to know before I connect you?
Customer: Mo No
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Answered in 2 hours by:
11/5/2017
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,480
Experience: since 1983
Verified

Thank you for your question.

Which State is this in?

I need to ask which waiver you are referring to.

Will he agree to stipulated judgment or marital settlement agreement that resolves all issues?

Are there any children of the marriage?

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Tx.
Waiver of service or affidavit of citation
That form I don't have, it's uncontested.
No children.
No property together.
We have a joint savings but that's all going to him.
His retirement is his and mine is mine
His car is his and mine is mine.
It's a very black and white cut and dry divorce
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,215
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If he does not sign the waiver of service and does not sign the divorce itself, if he does not show up in court to answer to the divorce, the court will simply issue a final order of dissolution by default. If he does not show up, you would file a motion for default judgment of divorce and a copy will be sent to the other party and if they do not respond to the motion for default it will be granted by the court. They will not issue a contempt citation against him unless you are asking for one for some good cause, but in this instance a default judgment would be the proper order.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,215
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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