There are many reasons why a Divorce may be in limbo. Here are some of them:
- There may be a problem with ‘service’. The petitioner (the one who files for Divorce) may not know the address of the spouse or the spouse is not cooperative and will not sign the ‘proof of service’. If the address of home or work cannot be found then a ‘publication Divorce’ may be needed. If the spouse refuses to sign the ‘proof of service’ then a process server or other adult (not a child of the marriage) may be used to accomplish this task.
- There may be a problem with completing the Divorce. If the respondent (the one who is served) does not respond, the Divorce is called a ‘default’ Divorce. Once this occurs, the petitioner must complete the Divorce process by sending the required papers into the court. A ‘default’ Divorce may or may not require a hearing. If the petitioner does not complete the process, the Divorce will not be finalized and the respondent (who did not respond and is not in the case) can do nothing but enter a ‘motion to set aside the default’ and ‘respond’. In this case, if an agreement is prepared the parties could avoid a court appearance. However, without an agreement, the couple will end up in a trial which is very costly.
- The petitioner receives ‘rejection’ notices from the court and does not know how to correct the errors. The petitioner my ignore the whole process and give up. An experienced Attorney can correct the errors and complete the process.
- The parties simply do not complete the process. One or both may not attend a hearing, request for trial setting or a trial. In addition, one or both may not complete the required paperwork. These omissions delay the process and may result in a dismissal of the Divorce.
There are solutions to most of the occasions when a Divorce is in limbo. An experienced Lawyer can alert you as to issues that may come up as well as prevent many of these problems. It is most important to get advice quickly as soon as issues occur. By doing this, solutions can be discussed and the Divorce can be finalized.
For more help with Divorces that are in limbo call Legal Action Workshop @ 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .