What if my spouse does not answer the divorce summons in a military divorce?

If your spouse in the military does not answer the divorce summons in North Carolina, you may still pursue the divorce. The summons will usually be served to your spouse in the military by registered mail, which provides proof of service. If your spouse does not respond to the summons, you may request a default judgment. This means that a judge will review the evidence presented in your divorce case and rule on the requested relief. When a default judgment is entered, the court will automatically grant the requests listed in the complaint, like division of property and alimony. Before a default judgment can be entered, you, as the petitioner, must submit an Affidavit of Service and a Motion for Entry of Default Judgment. Once this paperwork is filed, the court will enter the judgment even if your spouse does not appear. Although, a military divorce can proceed without the participation of your spouse, it may be beneficial to try to reach an agreement so you don’t have all of the decisions made by a judge or the court. It is recommended that you consult an attorney who understands military divorce law in North Carolina before you proceed in any divorce case, especially a military divorce.

Related FAQs

What is a Survivor Benefit Plan and how does it affect a military divorce?
What are the tax implications for a military divorce?
What is a Continuation of Healthcare Coverage in a military divorce?
Are there any special considerations for service members in filing for a military divorce?
How do I determine the legal residence for a military divorce?
Can I negotiate a settlement directly with my spouse for a military divorce?
How is spousal support determined in a military divorce?
What are the legal requirements for filing a joint petition for a military divorce?
Are there any differences between a military divorce and a civilian divorce?
Can I get a court order prohibiting my spouse from entering my house in a military divorce?

What if my spouse does not answer the divorce summons in a military divorce?

Related FAQs

Related Blog Posts