What happens next?

[jlalex]

After being served with divorce papers, assuming the 30 days go by with no response from the other side, I understand that you have to then file a motion of default ( or something to that effect). Does the other side need to be served with this new motion? Also what happens to the divorce proceedings after that, is the motion set down right away, can it be filed with the default motion or does some time have to lapse?

Thanks for the help!

[littleman]

hi jalex

after the mandatory thirty days has passed (providing other party has copy of application of divorce) you can go to step 2 of the divorce process.......thats where it gets a little sticky........especially if any property or children included in it..........however for uncontested divorce you fill out papers........hand them in pay associated costs then wait your obligatory 60 days for finalization.........I believe that the divorce can go ahead without the other parties signature providing you can prove service or application

[Lindsay]

jlalex,

Have a look at this thread on divorcing on your own for more info.

In a nutshell though, after an applicant is noted in default, she has no other right to file any documentation or be served with any documentation for the rest of the proceeding. The only thing she will receive is a copy of the divorce order from the court once it is signed by the judge.

What you must file is an affidavit for divorce. No motions are necessary. With an uncontested divorce, you are never required to appear in court. Have a look at these instructions on filing UCD materials.. it should help.

Lindsay