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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 08-20-2017, 04:56 PM
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Default Divorce consent

Hi,

Just wondering what happens when you don't consent to divorce when you are served (within 30 days ). I have separation agreement, can ex spouse stop child support since I did not consent to divorce? and should I answer back?

Thank you,

Shana
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Old 08-20-2017, 06:29 PM
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You should immediately consult with a lawyer.
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Old 08-20-2017, 06:36 PM
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Thank you, I did, my lawyer filed an affidavit instead of an Answer and now I have missed the deadline to Answer.
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Old 08-20-2017, 06:37 PM
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The courthouse did no accept the affidavit alone, stating is should be accompanied by an Answer.
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Old 08-20-2017, 07:05 PM
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Quote:
Originally Posted by shaana567 View Post
Thank you, I did, my lawyer filed an affidavit instead of an Answer and now I have missed the deadline to Answer.
Quote:
Originally Posted by shaana567 View Post
The courthouse did no accept the affidavit alone, stating is should be accompanied by an Answer.
Your lawyer doesn't know what he/she is doing. Get another one. An Answer must be served and filed following the request. Ask the other party to consent on filing a late answer with the proper form stating that you were on time but the courthouse did not accept the wrong form. They should accept showing they are reasonable and willing to move forward with the case.
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Old 08-20-2017, 08:38 PM
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why not consent?
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Old 08-20-2017, 09:18 PM
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Thank you, I will be looking for a new lawyer.
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Old 08-20-2017, 09:18 PM
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Should you always consent a divorce call?
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Old 08-21-2017, 07:17 AM
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Quote:
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Should you always consent a divorce call?


If you have a separation agreement already in place why wouldn't you consent to the divorce?


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Old 08-21-2017, 09:47 AM
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After I missed the deadline the lawyer advised me that if I have a separation agreement, I do not need to Answer, which confused me then why the affidavit?

Is this true? Should you always Answer regardless whether you have a separation agreement or not?

I wanted to Answer because some information in the divorce form he served were incorrect.
i.e separtation date >>> 6 year differenc
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