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#2208 - 09/03/04 06:04 AM Hello....have a question on default divorce?
soontobedivorce Offline
recently joined

Registered: 09/03/04
Posts: 8
In Idaho, my attorney filed divorce papers against husband due tohis violence and beat my daughter so felony court will be waiting for him to go to trail in October.
Okay, I filed for divorce and he did not respond to papers but he SHOWED up to divorce court and we are having divorce court in middle of Sept.
Lawyer had it ready for him to respond in 20 days but he never responeded in 20 days so we are having default divorce
Does that mean we will get everything that i wanted or will he still object to the divorce?
My attorney said don't worry, there willnot be any fights at all?? We put in child support, me having full custody of kids due to violence, which we think seem to be reasonable.
Is my attorney right or can he still object to the divorce?
Thank you in advance.

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#2209 - 09/03/04 08:26 PM Re: Hello....have a question on default divorce? [Re: soontobedivorce]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
In Idaho, my attorney filed divorce papers against husband due tohis violence and beat my daughter so felony court will be waiting for him to go to trail in October.

---> The Judge really isn't going to care WHY you want a divorce. "Grounds" are no longer applicable.

Okay, I filed for divorce and he did not respond to papers but he SHOWED up to divorce court and we are having divorce court in middle of Sept. Lawyer had it ready for him to respond in 20 days but he never responeded in 20 days so we are having default divorce

---> Not quite sure how to read the above since you would not have a hearing scheduled until either 1) he responded or 2) you filed for default.

Does that mean we will get everything that i wanted or will he still object to the divorce?

---> May and yes. Just because you ask for something doesnít mean that you will get it.

My attorney said don't worry, there will not be any fights at all??

---> I think what your attorney means is that you will still get the divorce, regardless.

We put in child support, me having full custody of kids due to violence, which we think seem to be reasonable. Is my attorney right or can he still object to the divorce?

---> As I said previously, YOU and your ATTORNEY might ďthinkĒ itís reasonable, but itís up to the Judge. And yes, your husband can object, but the divorce is still going to happen. If your husband has good cause as to why he did not respond, the Judge can order you both into mediation which will delay the final decree.
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