Should I respond to a Divorce summons?

UPDATED: May 25, 2009

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Should I respond to a Divorce summons?

My husband and I are filing our own divorce in SC. Nothing is contested. The only marital property is our home and we have an agreement that has been signed and notarized. I was told if I don’t respond to the summons it will go into default. If I respond there is a 90 day waiting period for a court date. I was also told if I don’t respond there can be a court date in as little as 30 days. I want this divorce to happen ASAP. Is there any reason I should respond? I was still going to show up for the court date. Will the judge ask me why I didn’t respond to the summons? What should I tell him?

Asked on May 25, 2009 under Family Law, South Carolina


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You should respond to the summons and go to court to find out what is going on.  While nothing may be contested,t eh judge may want to talk to the parties to determine whether they are knowingly entering into the divorce decree that you are explaining.  Furthermore, while you believe the case is uncontested, you want to know for sure that your husband has not changes his mind and done something contrary to your understanding.

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 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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