If I have a contempt of court case against my STBX (for the ED in the SA), and we’ve been separted for almost 2 years, and my lawyers has served STBX with a summons for the divorce, how can this divorce be “contested”? Does that mean that my divorce may not be granted? STBX is “contesting” the divorce (and, of course, delaying it for 2 months).
He can’t contest the divorce if you’ve been separated for one year and one day. He can ‘delay’ it by asking for a continuance on his ‘response’ to the divorce claim…but he can’t contest it and prevent it from happening. Just be patient…he can’t continue the proceedings indefinitely unless he has super good reasons. Usually one 30 day continuance is grated…then you have to show up and get on with the case.
Your spouse cannot contest the divorce itself, but could deny the factual allegations in your complaint, ie denying that you have been separated for a year. If the date of separation is an issue of fact, a hearing will have to be scheduled for a judge to determine the actual date of separation based on the evidence presented by both sides.