If my wife filed for divorce and I have been served, can she legally get on with the divorce without my consent? 17 Answers as of March 14, 2014

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The Bryan Law Firm, L.L.C.
The Bryan Law Firm, L.L.C. | Douglas L. Bryan
Yes, a divorce can be granted as long as you've been separated for the required period of time and one of the parties wants a divorce.
Answer Applies to: Louisiana
Replied: 3/14/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Yes. A divorce is a law suit. She doesn't need either your consent or your agreement.
Answer Applies to: Washington
Replied: 3/14/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
Yes, unless you respond to the district clerk by filing an answer giving the court your address and phone number. When you answer then she is then required to give you notice of any court dates. If you do not respond the court will presume you do not care and she will get anything she wants.
Answer Applies to: Texas
Replied: 3/14/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Yes. You have to file an answer to protect yourself.
Answer Applies to: Idaho
Replied: 3/14/2014
Beermann Pritikin Mirabelli Swerdlove LLP
Beermann Pritikin Mirabelli Swerdlove LLP | Michael C. Craven
Yes you need to hire an attorney.
Answer Applies to: Illinois
Replied: 3/14/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes, you need to file an Answer within 30 days as you should have noticed in the summons you received.
    Answer Applies to: Georgia
    Replied: 3/14/2014
    Bruning & Associates, P.C. | Theodore M. Gross
    Yes. If you have been served and you fail to appear in court an order of default will be entered against you. Under Illinois law, after the default order is entered the court can enter a Judgment of Dissolution of Marriage and make rulings on property distributions, debt allocations, awarding of maintenance, child support, child custody and other important issues. If you have been served it is important that you file the proper steps to formally appear in court. If you don't your wife can pretty much go in to court and ask for whatever she wants. In which case, unless what she asks for is patently unconscionable, she will get what she asks for. If you have been served you should consult with an attorney so that he or she, or you, may appear in the proceedings as soon as possible.
    Answer Applies to: Illinois
    Replied: 3/14/2014
    Law Office of Robert E McCall | Robert McCall
    Of course she can go forward without your consent. People being sued rarely agree to be sued. You need a lawyer to explain this process in very simple terms to you. You must respond to the court before a Default Judgment is entered otherwise she gets everything she asked for.
    Answer Applies to: Florida
    Replied: 3/14/2014
    Peyton and Associates | Barbara Peyton
    Yes. If you fail to respond within 30 days of being served with papers she can have a default entered against you and finish the divorce without your input.
    Answer Applies to: California
    Replied: 3/14/2014
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    Yes. You are required to respond the the petition within 30 days of the service. If you fail to respond then a default can be entered by the Court and your spouse can proceed to get a default judgment for divorce without your participation.
    Answer Applies to: California
    Replied: 3/14/2014
    John Russo | John Russo
    Yes why does she need your consent.
    Answer Applies to: Rhode Island
    Replied: 3/14/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, she can, get an attorney.
    Answer Applies to: Michigan
    Replied: 3/14/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Yes. If you fail to file a response, she can proceed by default. If you file an answer, she can set the matter for trial.
    Answer Applies to: California
    Replied: 3/14/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    Yes, she can go forward with the divorce if you do not respond to the case.
    Answer Applies to: Ohio
    Replied: 3/13/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    The quick and true answer is YES! No fault divorce is here and if you want a say in timesharing, if you have children, if you want a say in the division of property and debts, if those are issues, if you want a say in alimony, if that is an issue, etc., then you had better file your response or get an attorney. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Both Parties must agree to mediate. Have you considered Marriage Counseling?
    Answer Applies to: Florida
    Replied: 3/13/2014
    C Page Hamrick Attorney at Law | C Page Hamrick
    If you have been served with the Summons and Complaint in the state where the case was filed, then you are officially notified of the civil action. In that case the Court can adjudicate the case whether you respond or not. In any event you should contact an attorney to protect your rights.
    Answer Applies to: West Virginia
    Replied: 3/13/2014
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Yes - if you don't respond the case will proceed without your participation.
    Answer Applies to: Georgia
    Replied: 3/13/2014
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