Summary
In Iowa, a spouse has 20 days to respond to divorce papers. If no response is given, you can file for a default divorce. The time to file for default varies, but generally takes a few weeks. Once a default judgment is filed, the respondent typically cannot respond, but may file a motion to set aside the default judgment under certain circumstances. Consult a local attorney for detailed guidance.Full Conversation
I filed for divorce and my spouse was served on */*. It has been over 20days with no response. is he still able to file a response?
Hello ****, the general rule is that a spouse has 30 days to respond after being served with divorce papers. However, this can vary depending on your location. Could you please specify your jurisdiction?
Iowa
Hello ****, in Iowa:
- The respondent typically has 20 days to file a response after being served.
- However, if the respondent fails to respond, the court may allow more time if requested.
- If no response is given, you may proceed with a default divorce.
This information is general and may vary.
So what would happen next?
After no response from your spouse, you can proceed with the default divorce process. This involves filing a request for default judgment which, if granted, finalizes your divorce. Consult a local attorney to assist with the process.
Does it usually take an attorney awhile to do this? To file for a default?
The time it takes an attorney to file for a default can vary. Factors include the attorney's schedule, complexity of the case, and court procedures. Generally, it can take a few weeks. Always check with your attorney for specifics.
Can he submit a response after a default has been filed?
In Iowa, once a default judgment has been filed, the respondent typically cannot file a response. However, he may file a motion to set aside the default judgment under certain circumstances. Consult with your attorney for specifics.
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