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Can I still proceed with a divorce after a purge hearing has been set?

Ocala, FL |

March of 2012 I filed for divorce and I did not know what to I thought I had to wait for my ex husband to respond to the divorce its been almost a year and the just schduled a purge hearing what should I do. I would still like to proceed with the divorce.

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Filed under: Divorce Divorce court
Attorney answers 2

Posted

Did you ever serve him? What you need to do is get a lawyer.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

Asker

Posted

Yes, he was served march of last year. I had a hard time trying to come up with the money for an lawyer, so I decided to file myself.

Heather Morcroft

Heather Morcroft

Posted

That is a little odd then, I don't know what happened in between. A purge hearing, as far as I know, would normally involve him being arrested for non-payment of child support. Is that what you are talking about?

Asker

Posted

No its not for child support, when I went online to check on the status of the divorce through the court system its said under status purge hearing set due to lack of prosecution.

Heather Morcroft

Heather Morcroft

Posted

You do need to respond to that.  If he never answered you can get a default for the divorce itself, and any custody issues or child support, by asking the court for that, but you won't be able to get any property division or alimony issues resolved.  You would be best served by getting a lawyer.

Posted

You need to consult with and retain an attorney. If he wasn't properly served or if he was and failed to respond (and you did nothing else), the case may be getting dismissed for inactivity. Many attorneys, including my office, offer free initial consultations.

Should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

Joanna Mitchell
Mitchell & Associates, P.A.
614 E. Hwy 50, Suite 327
Clermont, FL 34711-3164
PH: (352) 324-2444
FX: (352) 324-2229
Email: jmitchell@mitchell-pa.com
Web: www.mitchell-pa.com

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.