Legal Question in Family Law in Missouri
Divorce without both parties present
If I file fore divorce in Missouri and my wife fails to respond after being served can the divorce go through. She has been served but refuses to get a lawyer or even appear.
1 Answer from Attorneys
Re: Divorce without both parties present
Yes, after thirty days have passed from the date your wife was served, the Court will grant a "default & inquiry" or what is sometimes referred to as an interlocutory judgment of default. Then, you may obtain a court date to put on the testimony necessary for the court to grant the divorce and make such other orders as are necessary, or in many cases you can submit the divorce testimony by affidavit and avoid having to go through a hearing. Your attorney should be able to explain all of this to you and help you through the process.