How could I move a divorce along if I did not respond to the petitioner? 9 Answers as of June 26, 2015

My ex husband to be filed for our divorce as the petitioner. When I got the papers served to me, I did not respond, thinking that he would file a default order and complete the process. Only later did I find out that he never followed through, and it has been 5 years since he served me! Needless to say, I wanted to take care of this matter, so I filed my response with the court, along with the income statements and related materials. That was in April 2012. The response was mailed to him back in April, but he has still never responded! I am trying to find out what action I can take as the respondent to get this marriage dissolved. I cannot file a default because I am the respondent. Please help!

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First things first: consult and retain an experienced family law attorney. It's almost always worth the investment. I am surprised that your court kept this case open this long and frankly, I suspect they dismissed it years ago and either failed to send you notice, or you did not absorb its contents. Your lawyer will probably suggest that s/he first check with the Clerk of Court to be certain the case is still open, and if so, to request a status conference or a pre-trial conference (with the judge or other judicial officer) in order to set things back on track, including schedule a date for a hearing on the divorce. S/he will likely wonder why you estranged husband sat on this so long: he may have some sort of strategy, possibly a misguided one, in mind. If the case has been dismissed, s/he will no doubt suggest you start a new one, and with a lawyer, you can expect that grass will not be allowed to grow on the case, even over your spouse's objections.
Answer Applies to: Wisconsin
Replied: 6/26/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
It is likely that his original divorce case was closed for lack of progress contact an attorney and file a new case for divorce.
Answer Applies to: Michigan
Replied: 6/26/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You should go to the self help center at the courthouse where the divorce was filed and have them pull the case and advise you. You should consult with a family law attorney if you can afford it.
Answer Applies to: California
Replied: 6/26/2015
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
Unless there is children in the case, the action will can be dismissed after 5 years. Otherwise, you would do your declaration of disclosure documents and file a Request for Trial Setting with the court. The Court would then schedule a trial setting conference.
Answer Applies to: California
Replied: 6/25/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
If a default was entered against you, that default needs to be set aside. If there was no default and you answered, then you can call up the matter for final hearing. I suggest that you meet with an attorney to determine the best course of action.
Answer Applies to: Florida
Replied: 6/25/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    First, check with the Court to be certain the divorce is still ?open?. If it is not, you may initiate the divorce and proceed accordingly. If the divorce is still ?open?, you can file a Request For Trial in order to get it in front of the Judge.
    Answer Applies to: Florida
    Replied: 6/25/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Set the matter for a case management conference with the court and potentially set the matter for trial.
    Answer Applies to: California
    Replied: 6/25/2015
    Diane l. Berger | Diane L. Berger
    I doubt a case that is that old is still alive.
    Answer Applies to: Nebraska
    Replied: 6/25/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Meet with the Family Law Facilitator for a free review of the file and assistance in self-representation.
    Answer Applies to: California
    Replied: 6/25/2015
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