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.


Asked on 9/27/03, 5:16 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

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.

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Answered on 10/03/03, 10:10 pm


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