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shaana567 08-20-2017 04:56 PM

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

arabian 08-20-2017 06:29 PM

You should immediately consult with a lawyer.

shaana567 08-20-2017 06:36 PM

Thank you, I did, my lawyer filed an affidavit instead of an Answer and now I have missed the deadline to Answer.

shaana567 08-20-2017 06:37 PM

The courthouse did no accept the affidavit alone, stating is should be accompanied by an Answer.

mafia007 08-20-2017 07:05 PM

Quote:

Originally Posted by shaana567 (Post 222916)
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 (Post 222917)
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.

denbigh 08-20-2017 08:38 PM

why not consent?

shaana567 08-20-2017 09:18 PM

Thank you, I will be looking for a new lawyer.

shaana567 08-20-2017 09:18 PM

Should you always consent a divorce call?

Berner_Faith 08-21-2017 07:17 AM

Quote:

Originally Posted by shaana567 (Post 222921)
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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shaana567 08-21-2017 09:47 AM

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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