Denver, CO asked in Divorce for Colorado

Q: what should you do if you send divorce papers to your ex but he never returns them to court

Related Topics:
2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: If your ex is not participating you may have a default divorce. If it is too late in the process for a default, then you should continue to file your materials and send the notices to your ex. If he does not respond and does not appear at the hearings, the judge should grant you your divorce (assuming you properly filed all your material). Contact the self help office at your local courthouse for advice on what documents you need to file.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: Unfortunately, your question cannot be answered without more detail. In a divorce case, just sending your ex papers does nothing and your ex is under no legal duty to send anything back to the court, sign anything, etc. If you have "personally served" your ex with a petition and summon for divorce and have filed an affidavit of service with the court, the court can then enter default orders against him/her.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.