INTERESTING QUESTION OF THE DAY

IQOTD by Rich J. Peters.  July 7. 2016.

Q:  My husband filed for divorce and had me served. I did not respond since we agreed to have a default hearing decision. But now I'm worried he won't file for the default hearing. If he fails to, can I request a default? Or do I have to file for divorce separately?

A: You cannot COMPEL him to take the next step (Application for Default), but you may be able to convince him to.  If you were to file anything, then you would no longer be in default, and you both would have to proceed in a different procedural manner (via “Consent Decree”) in order to finalize your matter.  BUT CONSENT may be the best way to go for you, so that you can protect your rights/interests.  If he proceeds by default, you will not necessarily have a say as to what he includes in the Default Decree.

It would be a good idea to have an experienced Family Law attorney review his Petition BEFORE you allow your Husband to proceed by default.  Unless the Petition is incredibly detailed, he can add provisions into a Default Decree that you would have never expected or accepted.  Allowing him to proceed by default can be very risky unless you know ahead of time exactly what the Default Decree is going to look like.  

There is much more to consider.  A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan.  I would encourage you to quickly schedule this free consultation.

If you have questions like this, visit our website at www.familylawaz.com or call 602-256-7575 for a free consultation.