What if he can’t be found after he filed the response?
A man would be excluded from the proceedings as the defendant if he disappeared after he filed the response. The proceeding would have to continue in his absence. This is according to the rules of the court.
What Should He Do After He Receives an Order to Appear?
The person who is being sued should be served with the court order that is entitled “Plaintiff’s Claim” that orders the defendant to attend a court hearing at a specified date, time, and place. This is according to the standard court proceedings. He becomes aware that the plaintiff has initiated a legal suit against him once he receives the document. He should know why you are suing him immediately since you are a couple that is legally married. He is required to contact you immediately for an explanation in case he does not know the reason why you are suing him. Your address and your name will appear on the plaintiff’s claim form that he will receive.
It is advisable never to disobey an order of availing yourself and participating in court sessions even if you are firmly convinced that the plaintiff’s claim was not properly served, is invalid, or that there is something unfair or wrong about the case. This is so because the defendant’s best interests will be represented if they attend. Getting involved in the case does not only mean that the defendant should file the response and disappear. It means that he must participate in every court proceeding. The court may decide to commence hearing the case and give the verdict without his involvement if he declines to appear. He may end up losing.
His absence during the case gives you the legal right to prove what you are entitled to recover from him. The judge may decide the case without listening to his side of the defense based on their discretion unless the guy appears. Filing a response to defend himself and failing to appear in court may be insufficient because the standard court requirements stipulate that both parties should present written submissions and come in person to prosecute or defend the case through their lawyers.
What if He Owes All or Part of the Plaintiff’s Claim?
His money or property can be forcibly taken from him to cover the cost of the judgment if the court judgment is issued against him. His credit record may also ratify and indicate the fact that judgment was passed against him. The judgment might be served by the agency that licenses him if he is a member of a licensed profession. You are entitled to receive part and not the entire amount that you had claimed if your claims as the plaintiff are passed in your favor or proven to be valid. He may have to pay your entire court costs and some interest on top of the amount that you already owe him if he appears in the court and you still win the case. The worst thing when you win the case in either scenario is that he will incur both monetary or property losses and a tainted credit record. These are very important points to put in mind. It is a very crucial situation.
How long until the divorce is finalized after a response is filed?
When a response to being served a divorce is filed, the length of time that it takes for the divorce to be finalized depends on the response itself and the state. For a response to be filed in the first place, one spouse must have filed for divorce and served the other spouse. In a response, the spouse responding can either agree or disagree with the information or demands detailed in the divorce petition, and this decision then affects how long it can take for the divorce to be official.
If a respondent agrees with the petition, the case is considered uncontested, meaning that the two parties agree on the terms and demands and do not need a judge to make any decisions for them. Uncontested divorces can be resolved relatively quick, but the length of time is still contingent on the state that they are in. Different states require different waiting periods after a divorce petition is filed, so the court cannot officially grant a divorce until this waiting period is up even if an agreement between the two parties is already reached. For example, the waiting period in California is six months from the date that the other spouse (the spouse getting served) is notified about the divorce while the waiting period in Arizona is 60 days. After this waiting period, a divorce can be granted anywhere from around a month to several months depending, again, on the state.
On the other hand, if the respondent disagrees with the petition, the case becomes contested, and contested cases typically take longer than uncontested. If an agreement cannot be reached between two parties after the disagreeing response is filed and the end of the waiting period, the case continues uncontested and must be decided by a judge through a trial. The time it takes for a divorce to be finalized is usually substantially more from an uncontested divorce because in addition to the time of the waiting period, there must be time for the trial itself. With the case having to go to trial, the amount of cases in the county the divorce was filed in can also affect the amount of time. If a court has a lot of cases to see already, the case can be backed up, and the time it takes to finalize the divorce then can additionally increase. Furthermore, for both contested and uncontested cases, there are actually some states, like Oklahoma, that impose a waiting period after the divorce is granted for remarriage, meaning that one cannot remarry until a certain amount of time has passed from the date of when the divorce was official.
Unfortunately, there is no set amount of time for how long it can take for a divorce to be finalized after a response is filed. It truly depends on what type of response the response is and the state. If a more accurate prediction of the length of time the divorce will take is needed, however, more detailed information can be acquired by looking at the specific state’s rules and regulations regarding waiting periods and divorce.