A divorce by publication has been filed and published about 35 days ago, is it too late to contest?
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A divorce by publication has been filed and published about 35 days ago, is it too late to contest?
I heard I only have 30 days to respond. What is my recourse of action now?
Asked on November 1, 2011 under Family Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Typically when a divorce by publication is granted the Plaintiff (i.e. the spouse that filed), gets it awarded on the terms that they have requested. However the Respondent (i.e. the missing spouse), has a right to contest any of the terms of the divorce. Depending on the jurisdiction it is typically between 30-60 days. However, according to you, your state only allows 30 days. In that case the divorce has been finalized. Unless there was some form of fraud or duress, etc. as a factor in why you didn't answer sooner, I'm afraid that there really isn't much that you can do.
Yet, because these matters vary so widely from state-to-state, you really should consult directly with a divorce attorney in your area as to your specific rights.
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