Ex Parte Divorce: What It Is and Why You Would File for One
Ex parte divorce is a divorce wherein your former and/or estranged spouse does not participate. In many states, your ex must be served with due notice that you are filing for divorce. In other states, if you have not heard from or seen your ex in years, a presumption of death or an assumption that your ex has left the country is taken in lieu of direct contact. Here is more on an ex parte divorce and why you would file for one.
Your Ex Was Served Due Notice but Does Not Show
There are many reasons why your ex would not show up to court for a divorce hearing. He or she could be several states removed and unable to make it back. Perhaps he or she has no intentions of contesting the divorce, so he/she has decided to let the court make the divorce final. It could also be that he or she thinks he/she needs a lawyer for a divorce but does not have the money to hire one and, therefore, chooses not to appear. Whatever the reason, the court officer that serves your ex with notice only has to relay to the court the state in which notice was served and that the notice was successfully served on a specific date.
Your Ex Could Not Be Found
When years and years go by and you have no idea where your ex spouse is, the courts have to do everything possible to track him/her down. When he/she cannot be located at all, it is assumed that your ex has either fled the country for some unknown reason, met with foul play and labeled a "John/Jane Doe," or possibly has entered the witness protection program. Whatever the case, you and your lawyer may proceed with the ex parte divorce.
Why You Would File for an Ex Parte Divorce
There are many reasons to file ex parte. You may want to claim the property (e.g. car, house, etc) that your ex left behind, either to own it yourself or sell it. You may want your ex's parental rights severed, or you may want to track him/her down to enforce child support payments. Finally, after years of being alone and estranged from your spouse, you may have found a new partner and want to get married, in which case you would need a divorce from the spouse you have not seen in years.
For more information about the ex parte divorce process, check out http://madisonlf.com.
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