LawRato

Can an exparte divorce be reopened


29-Oct-2023 (In Divorce Law)
i have received exparte divorce after my husband filed case in kerala.i couldnt appear in court as im living outside india.my lawyer too said that exparte is better as i wouldnt have to appear in court n tolerate all the questions where they skin u out. can i ask whether i can reopen the case anytime i wish .
Answers (2)

Answer #1
875 votes
Dear Client,
Then time period set aside an exparte decree is 30 days, with in that period you are required to file petition to set aside the decree of divorce with your grounds, for happening to be exparte.
The party who had obtained exparte divorce hurriedly apply for the order soon after 30days and get married in a hurry. This will clearly trouble the opposite party. Since it is a case of marriage there is no going back. So if you want to save marriage you will have to act on a briskly. If you had filed petition after this 30day time , arrange to file the petition emergency and to serve the notice to the latter directly in person stating the reason that there is every chance to enter into a new marriage. So be careful.
People also ask

What is the average time to remarry after divorce?

According to the National Healthy Marriage Resource Center 55% of men over 25 and 44% women remarry following a divorce, with a median of 3.5 years separating the divorce from a second marriage. 12 July 2023

How long is the Exparte divorce?

Mostly, when Husband

Can ex parte divorce be reopened?

The spouse who is not contesting the divorce decree can reopen it within 90 days of its date. If it isnt reopened in that time frame, the decree will become final, and the marriage could be considered dissolved.

Can a couple remarry after divorce?

Both parties have 90 days to appeal the divorce decree. If no appeal is made within this time, either party is eligible to marry again after the period of appeal has expired.

  
Answer #2
866 votes
It can be reopened. You can file a petition to set aside the exparte order.If you had any serious objection for divorce you would have contested the case rather than keep silent.So your husband got the decree in favour of him.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."