summons & complaint / entry of default

[TAMYDLAND]

The State is Idaho.

My husband filed a summons and complaint for divorce on me. In it I had 20 days to answer. I did not answer. I have now received a motion for entry of default and judgement. My question is, what does this mean and where does this leave the divorce at this time? What is the next step that his attorney will take?

Thank you for your advice.

Sincerely,

Can't wait to be out of this marriage!

 

[I AM ALWAYS LIABLE]

The State is Idaho.

My husband filed a summons and complaint for divorce on me. In it I had 20 days to answer. I did not answer. I have now received a motion for entry of default and judgement. My question is, what does this mean and where does this leave the divorce at this time? What is the next step that his attorney will take?

Thank you for your advice.

Sincerely,

Can't wait to be out of this marriage!

My response:

Well, you're "wait" is over. You lost. The dissolution of your marriage will be entered, and he'll obtain everything he asked for in his Petition.

IAAL

 

[TAMYDLAND]

Dear I am always Liable.

Thank you for your response. Let me ask you a question if i may.

Is it possible for me to write a letter to the Judge of that Court, in which the divorce will be granted, to explain my side of the matter and plead for mercy from the court? Stating the reasons why I did not respond, why we are divorcing (husband totally unfaithful) and what I think I am entitled to and what I am actually walking away from, making my husbands life easier and not taking him to the bank. (willfully not taking him to the bank)

 

[I AM ALWAYS LIABLE]

Dear I am always Liable.

Thank you for your response. Let me ask you a question if i may.

Is it possible for me to write a letter to the Judge of that Court, in which the divorce will be granted, to explain my side of the matter and plead for mercy from the court? Stating the reasons why I did not respond, why we are divorcing (husband totally unfaithful) and what I think I am entitled to and what I am actually walking away from, making my husbands life easier and not taking him to the bank. (willfully not taking him to the bank)

My response:

A "letter" won't work. By consulting a local Family Law attorney, I am sure you'll find that there is some "statutory mechanism"; e.g., a "Notice of Motion and Motion to Set Aside Default Judgment," whereby you can be relieved of your "default" - - at least insofar as the property division and/or child portion of your dissolution is concerned. All of your "court papers" must satisfy proper format and the court rules. Letters don't "cut it" for courts.

Good luck. And, never, never ever disregard court papers again. No matter what you're doing or what's going on, when it comes to court papers, you drop whatever it is you're doing, and you take care of THAT first. Otherwise, and as you've discovered, such disregard can and will have, or lead to, adverse effects.

IAAL

 

[TAMYDLAND]

Dear I am always liable.

Thanks for your response. Just wondering. How long now before I am divorced? Since the default and judgement has been entered. How long will the divorce actually take now? Just so you know, my husband and I have come to an agreement and he is giving me everything that I have asked for so the default and judgement will be sufficient. But I am just curious to know how long now before the divorce is final?

Thanks so much for your legal advice. It is much apprecaited.

Sincerely,

Miss Relieved!

 

[Grampsx13]

State of Michigan

Yes, that is a question I and my son need answered to.

You all have read my previous posts in regard to my son's newest divorce situation. Well, there have been a couple of new developements there.

NOW...the current wife is telling my son this..."go ahead and file for a divorce yourself...and...you can have custody of our 2 1/2 year old son...I just want out of this marriage, have my freedom, and a life to do as I please".

Okay...so...my son can't afford an attorney. I'm not putting out the money for one. My son just bought the packet of 'do-it-yourself' divorce documents from the court clerk's office a couple of days ago and he and she are in process of filling them all out together. In fact, they are almost completed and near ready to be filed. In it, my son is asking for custody of his 2 1/2 year old little boy, to which the wife agrees.

In our State of Michigan, I'm told there is a 6 month wait before the court will rule on a divorce petition, especially if children are involved. BUT...the soon-to-be-exx will be served her summons on the matter being filed, and given 28 days to prepare her "answer"...correct? And...if she 'doesn't answer', my son wins everything in the petition by default...correct?

Now...if those are correct...and if the wife does a 'no answer/no show/no nothing...will my son 'still' have to wait the 6 months before the divorce and custody is granted? Or...will it be done as quickly as whatever date has been set for her to make her answer? In other words, could my son receive his divorce and custody in 28 days, as opposed to the 6 months?