A divorce by publication has been filed and published about 35 days ago, is it too late to contest?

UPDATED: Nov 1, 2011

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A divorce by publication has been filed and published about 35 days ago, is it too late to contest?

I heard I only have 30 days to respond. What is my recourse of action now?

Asked on November 1, 2011 under Family Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Typically when a divorce by publication  is granted the Plaintiff (i.e. the spouse that filed), gets it awarded on the terms that they have requested. However the Respondent (i.e. the missing spouse), has a right to contest any of the terms of the divorce. Depending on the jurisdiction it is typically between 30-60 days. However, according to you, your state only allows 30 days. In that case the divorce has been finalized. Unless there was some form of fraud or duress, etc. as a factor in why you didn't answer sooner, I'm afraid that there really isn't much that you can do.

Yet, because these matters vary so widely from state-to-state, you really should consult directly with a divorce attorney in your area as to your specific rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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