I believe my wife defaulted on the divorce, as she did not file a response in the required amount of time.
I thought I had won but my divorce lawyer claims that default means nothing and that it won’t be considered here in my state.
I then question why a process server was hired and why my spouse was told to respond within a certain amount of days.
Who is right?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.
Where I practice, if the Summons and Petition were served upon the other party and an answer was never served, a person can file for default if there are no minor children, a total of 50 days has passed from the date of service, and absolutely no answer has been received.
If you have children or your wife has been participating in negotiations, then it would be unlikely that a default would be successful.
Additionally, if you are asking for a denial of spousal maintenance and you file for default some judges will reserve the maintenance issue because a person has to freely and voluntarily waive that right.
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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.