Failure to Respond by Defendant No Longer a Bar to Divorce

 On July 1, a useful new law goes into effect for Divorce plaintiffs.  House Bill 104 patroned by Del. Manoli Loupassi and recommended by the Boyd-Graves Conference provides that if a defendant fails to file an answer in a divorce suit or otherwise appear after having been personally served with notice of the suit, no additional notice to take depositions is required to be served on the defendant.  In addition, the Court may enter any order or final decree without notice to the defendant.

In the past, plaintiffs have been stymied in their divorces by defendants who refuse to file an Answer to the plaintiff’s divorce Complaint.  As a result, divorces often grind to a near halt.

Divorces can now move forward so long as the defendant has been personally served with notice of the lawsuit.

If you have questions about a divorce, please do not hesitate to call the lawyers at Winslow & McCurry, PLLC.