My wife filed her Answer to my divorce Petition a couple days after her response was due.
Is her Answer automatically invalid because it was not filed in time? Can I file for a default divorce since she did not technically file a response within the time frame provided?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.
In order for a party to file an Answer out of time he/she must seek leave from the court. Most judges will allow a party additional time to file his/her Answer. Where I practice, it is unlikely that the court will sustain your Motion for Default since an Answer is on file.
Also, whether or not this is a divorce with minor children affects the outcome. In some jurisdictions, a divorce in which children are at issue cannot be granted for a certain time period, such as 90 days from the date of filing. If a default divorce is granted there must be a hearing to determine what is in the children’s best interest.
If her Answer does not deny the allegations contained in your Petition, you could file a Motion for Summary Judgment.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.