Default Divorce - a question

iVillage Member
Registered: 07-06-2007
Default Divorce - a question
1
Tue, 09-04-2007 - 4:58pm

I just found out that my (very)STBXH did not file a response to my divorce complaint in the allotted time period. I'm assuming he thinks he doesn't have to because we've been scheduled for a preliminary hearing later this month.

Now I have a slight problem. I asked for the moon, expecting him to counter. (Mind you I filed this without an attorney because I cannot afford one. I actally asked for the money for an attorney in my complaint) Now, I'm wondering what happens when I file the default paperwork. Do I just *get* everything I asked for? What if something I asked for wasn't exactly what I wanted? (I asked for WAY more than I wanted or can handle.) How, speaking in general terms, would that work? I've been trying to get with the free legal assistance here in town, but to no avail. And I absolutely don't have the $150-$300 for an hours consult.
I'm trying to decide if I should go ahead and file the default paperwork, or wait until our preliminary hearing later this month?

Oh and the way more than I can handle is our community home, in another town, that he still occupies. I asked for the house, expecting him to contest at least that, thus basically forcing a sale of the property. I can't afford the mortgage, and he's almost let it go into forclosure (although last week he paid everything and brought it current). So I don't really want the house, I just want it sold so I can get out from underneath the obligation of the mortgage.

Thanks in advance for your help/suggestions

iVillage Member
Registered: 03-19-2003
Thu, 09-13-2007 - 5:07pm

Usually if you don't file a response, you're agreeing to the terms... and, maybe HE wants to buy that house from you.


Karen ~ wildlucky4me ~