What Happens Next?

[Want2Know4Me]

What is the name of your state? OH
I filed for divorce pro se on 8/26/05. I requested that my husband be served via certified mail as he is in another state. I just spoke to him and he told me that he received the papers a few weeks ago. I have already discussed this with him and we are in agreement on everything. I don't think that he will bother to respond.
What happens next? I believe that he has 30 days to respond....if he doesn't, what happens next?

[seniorjudge]

Q: if he doesn't, what happens next?

A: You move the court to set a trial date. If he doesn't show up, have your default judgment prepared for the judge to sign. If he does show up and does not contest it, have a consent judgment prepared. If he shows up and contests it and you win, then ask the judge for some time for you to write a judgment.

[Want2Know4Me]

Thank you for your response seniorjudge. I don't believe that Ohio allows default judgements in divorce cases.
I spoke to my husband last night and he said that he did receive/sign for the divorce papers but that he won't repond.
I know that he will not show up in court as he lives 700 miles from where I live.
I have done some research and could find no info on what happens (according to Ohio state law) if the spouse is served but doesn't respond or show up at the divorce hearing. I also could not find a form to request that a trial/hearing date be set.

[seniorjudge]

What is the defendant is served with the complaint but does not file an answer or otherwise make an appearance in the case?

The court rules in Ohio preclude the granting of a default judgment in a divorce case. Instead, where the defendant has been personally served but has failed to file an answer or otherwise appear, the plaintiff must merely present sufficient evidence to establish a prima facie case to allow the court to grant the divorce and rule on the division of property, parental rights and responsibilities regarding the children and any support orders.

[url]http://www.divorcenet.com/states/ohio/ohfaq02[/url]



I also could not find a form to request that a trial/hearing date be set.

You won't. You have to make this request yourself.

[Want2Know4Me]

Thank you again for your response seniorjudge. The link is very helpful. I am not requesting spousal support and our children are emancipated. We divided our possessions when we seperated in 2001. A very uncomplicated divorce.....if there is such a thing.