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    flord's Avatar
    flord Posts: 1, Reputation: 1
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    #1

    Jul 14, 2012, 10:34 PM
    Marriage Dissolution/Divorce going into default
    In December 2011 my husband filed for divorce and it has taken until last week for pretrial. In Minnesota I should add. He didn't show and doesn't have a lawyer, even though he was the one who filed. In court for pretrial the judge stated that may have to go into default for court this coming Monday. On Monday there is a "motion to compell" not sure what this means but basically he hasn't answered amy questions my lawyer has asked so we could move forward. Trial date is set for August 24th and I'm wondering what yo expect if he doesn't show since he was the petitioner.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 15, 2012, 04:48 AM
    Quote Originally Posted by flord View Post
    ... On Monday there is a "motion to compell" not sure what this means but ... I'm wondering what yo expect if he doesn't show since he was the petitioner.
    If you don't understand the process, or want some guesses as to what might happen, why don't you ask your lawyer?

    I would guess that the case could be dismissed. Or, if you now want the divorce, that could be granted on the terms your husband originally asked for.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    Jul 15, 2012, 06:24 AM
    A Motion to Compel means that one of the parties must provide answers to questions and/or provide certain evidence. If your attorney has filed Interrogatories (questions) to your husband, the Motion to Compel would mean that he is being required to answer the Interrogatories, for example.

    Now, if your husband doesn't show, the divorce would be dismissed since he was the one who filed. The only way it would go to default would be when the Defendant, or the one who didn't file, doesn't show up for court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 15, 2012, 06:41 AM
    As AK said, check with your attorney. It could be that your attorney filed a counter filing on your behalf. In that case a default judgment in your favor could be awarded.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #5

    Jul 15, 2012, 06:43 AM
    Quote Originally Posted by ScottGem View Post
    As AK said, check with your attorney. It could be that your attorney filed a counter filing on your behalf. In that case a default judgment in your favor could be awarded.
    Yes, if there is a counter-suit for divorce a default will be awarded. But you really need to discuss this with your attorney.
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