What happens if does not reply to the divorce notice?
What is Divorce Notice?
A Divorce Notice is when a married husband and wife decide that they are no longer able to live together in a married life, and both of them separate and live their separate lives.
When living separately, in the situation where it is not possible for both of them to live together anymore, the husband and wife will meet a lawyer and get legal advice and then the lawyer will send a legal notice to the respondent. This is what we call divorce notice in divorce cases.
what is legal notice?
Legal notice is when two parties have problems, the lawyer sends a notice of the case to the opposing party before filing a case in court to seek a solution to the problem.
Legal notice is to inform the defendant that what crimes the defendant has committed against the plaintiff, what remedies the plaintiff needs, after receiving this notice, the defendant should not cause any trouble to the plaintiff, if you have any objection to this, we will file a case against you in the court.
Is lawyer notice very important in divorce case?
Before the divorce case is filed with the court, either the husband or the wife can send a notice to answer about the divorce through the lawyer. This is called as a legal notice, Advocate notice or divorce notice.
Lawyer notice in divorce case is not very important but lawyer notice in divorce case is just an information for additional evidence. If the estranged husband or wife sends a lawyer notice for divorce and the other party does not respond, you can immediately file a divorce petition against the other party.
Example:
Suppose a husband is separated from his wife and he wants to file a divorce case and for this he consults a lawyer. Then a lawyer sends a notice through a lawyer to his estranged wife explaining the reason that he is going to divorce and if he receives it and avoids sending any reply notice, the husband who sent the notice can freely proceed with the divorce case. This also applies to the wife, which means that what I have said above can also be taken to mean that the wife sent the notice instead of the husband.
Is it mandatory to send a lawyer notice in a divorce case?
It is not mandatory to send a lawyer notice in a divorce case, is there any benefit? Yes, it is useful, we can know the mood of the opposite party by giving a reply notice.
The case can be easily reconciled i.e. if the opposite party wants to get a divorce then both the parties can talk and take the case for a mutual divorce. In this way, the divorce case which has been going on for many years can be completed quickly.
In case of divorce, if the lawyer sends a notice, it is not necessary to give a reply. A divorce case can be filed in court even if the other party does not respond the notice.
Respondent does not respond to legal notice What to do next?
If there is no response from the opposite party after the notice, either the husband or wife who sent the notice can file a divorce petition in the family court or in your district court.
A case is filed in the said courts and a court summons notice is sent to the opposite parties and then the trial can be continued after informing the opposite party of the existence of the case.
Now you clearly understand that a suit can be filed even if the respondent does not respond to the legal notice.
