divorce by default?? superwife: My stbx was served in July, had 20 days to respnd. He did not (there's a shocker ::)). I have been so swamped with life that I really didn't think about following up w/ my attorney (it's been 19 months, what's one more day at this point ???). And of course, with my new romantic interest, the thought has crossed my mind. I'd like to be free and clear of him. The new bf has not asked any questions, but it may come up eventually.
So my atty called me today. She told me that we have to take the 'default' route now. She said this involves a hearing in court. Has anyone been through this? I beleive she said he will be notified of the default. Now, I'm sure he'll come through at the 11th hour (just like he did with the child support), at which point we'll end up exactly where I did not want to be (in family court...again!!!). But I'm not going to lament about how we could have done this the easy way (but we could have, throught the lawyers, without going to ghetto court). But it would almost be easier if he didn't respond, and I just went to court, plead my case, and got my divorce, right? I just want to get this done and over with. But I'm sure that will not be the case.
So my question is, has anyone had to do this?? How bad is it? ANd has anyone's ex's stormed on at the 11th hour, as I am expecting mine to do?? Then what??
It doesn't bother me that much (like I said it's been so long already), but there are times where I feel I'd do anything to get this over with...
Re: divorce by default?? darkrose: Ok, my attorney and I discussed this briefly while filling out the paperwork. At least in florida, you just have to submit a motion for judgement and serve it to him. YOU WANT TO USE A PROCESS SERVER, because he will have another opportunity to respond, and if he gets the judgement in the mail, he can come back and say "oh, well I never got served.." even if he did..so use a process server. :)
Basically, you win if he doesn't show up.
