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When no-fault was designed by the 'select few' who were members of the NCCUSL, the law was pitched as a mutual consent process. However, Behind the Scenes it was silently orchestrated to undermine the Rule of Law. No-fault divorce can be challenged, but it takes a good deal of money to challenge a statute and hire an attorney (who is not a member of the family law section), since the courts seldom will 'hear' a pro se litigant and the job of the family lawyers typically is to get you divorced . For the truth about how no-fault divorce was put in motion, see www.uniformdivorce.com.
It most difficult to challenge but it can be done as long as you know the rules of the game. That is, there are no defenses to the lawsuit and the moving party always wins. The law violates 14th Amend. Constitutional protections,1st Amend. and other basic civil rights.
Wiki User
∙ 15y ago
In some cases, a spouse may be able to challenge no fault divorce papers if they believe there are issues with jurisdiction, fraud, or coercion involved. However, it is generally difficult to successfully challenge a no fault divorce as the standard for granting such divorces is often low, and the focus is on the irrevocable breakdown of the marriage rather than fault or wrongdoing. It is best to consult with a lawyer for advice specific to your situation.
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If a divorce is filed do both parties have to sign the divorce papers when the two people have children if one wants the divorce and the other does not?
If both parties will not sign the divorce papers then the court will deciede. Depends what state you are in. Indiana is a no fault state meaning if you want to divorce you will be allowed to regardless if the other party wants to or not.
Can you get a divorce in California without spousal consent?
Yes, you can get a divorce in California without spousal consent. California is a "no-fault" divorce state, which means that either spouse can request a divorce without needing the consent or agreement of the other spouse. However, the other spouse will still need to be officially served with divorce papers and has the right to respond to the request.
How long after a spouse leaves can abandonment divorce be initiated in the state of Michigan if the spouse is in Kentucky?
Abandonment is not grounds for divorce in Michigan. Michigan is a "no-fault" divorce state.
If there is an appeal pending on divorce is the divorce final?
No. The appeal is the answer from your spouse for your filing for divorce. A divorce in CA takes 6 months for a basic no fault divorce and with no other problems. Since CA is a community property state you need to settle all the assests in the marriage. Your divorce isn't final until you get the final signed court papers.
In SC if your spouse is living with someone new during the waiting period does that exclude you from a No Fault divorce?
No fault means just that. Your spouse can live wherever she wants including the waiting period for your divorce.
How can someone get divorced if your spouse refuses to sign the papers in Washington State?
When a Spouse Does Not Sign Divorce Papers When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction. Only the spouse who is filing for the divorce must sign, however, the spouse requesting the divorce usually must serve the other spouse with process. Service of process means that the other spouse is given notice that they have been sued. In a divorce situation, serving the other spouse with process means that the other spouse is notified that their spouse has filed for divorce and given a chance to appear. Contested Divorce Modernly, courts have moved past the traditional requirements of finding cause for a divorce. In fact, every court offers no-fault divorce. However, even a no-fault divorce can end in one of two ways, it can be contested or uncontested. When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested. Once the divorce becomes contested, a hearing must take place in order to establish the reasons for contesting the divorce and for the court to resolve those reasons. If both spouses show for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. The court will also decide on all settlements and divisions of property. In the mean time, there are some things that you can do to try and resolve the issues and avoid allowing the court to make the decisions for you. Divorce by Default Proceeding If the spouse refuses to show for the scheduled divorce hearing and all attempts at negotiating have failed, the original filing spouse has the right to request a default divorce. In this instance, the court will uphold the divorce request and all of the original terms. This means that all divisions of property, child support amounts and custodial arrangements listed in the divorce papers will be the court's final decision. The reason the courts make this decision is because the court considers the opposing spouse's absence to be an agreement to the terms of the divorce. The court will make the default finding as long as the other spouse was truly served with the petition.
If my wife is pregnant by someone else but won't sign divorce papers is that grounds for divorce in Arizona?
All US states have no fault divorce laws. No reason is necessary to obtain a divorce than the marriage is done. Regardless of whether one spouse will not sign, the divorce can still be granted as a default judgment, typically by simply motioning the court.
How can you get a divorce if your spouse refuses to sign the divorce papers in New york?
It will not matter that your spouse refuses to sign divorce papers in New York once the state approves the new no-fault divorce law. Under the new law, you will be able to start divorce proceedings without her consent. The governor is expected to sign the bill the week of July 5, 2010 and then the law will go into effect immediately. Under the new law, to file for divorce one of you will have to state under oath that the "relationship between husband and wife has broken down irretrievably for a period of at least six months." To view the text of the new law, visit www.new-york-no-fault-divorce.com/ny-law Its a helpful blog on the subject. It has links to news and opinions on no-fault divorce in New York, as well as links to professionals who can help with your divorce.
Can an inmate who received a life sentence contest a divorce in Florida?
The State of Florida is a no-fault divorce state, meaning the court will not assign fault to either party for the divorce. Neither spouse can prevent the other from obtaining a divorce. Marriage is not a prison and an inmate who is incarcerated for life cannot impose a life sentence on their spouse. She/he has the right to move on with their life. The inmate does not have to consent to the divorce.
Can a spouse refuse to sign divorce papers in Iowa?
File a motion of default in the court where the original divorce petition was filed. The spouse will be notified of the action. If the spouse fails to respond, the divorce will be granted and he or she will forfeit the right to oppose the terms contained in the original petition.
If your spouse files for a divorce and you refuse to divorce them will a judge grant the divorce anyway?
Yes - if you live within a jurisdiction with "no-fault" divorce laws. Where "at-fault divorce" laws are in effect, a party requesting a divorce must demonstrate that there are grounds for the divorce. If, for example, someone files for divorce on the grounds of adultery in a jurisdiction where "at-fault divorce" is the law, and the other spouse disputes the grounds - i.e. denies adultery took place and refuses to agree to the divorce, a judge may deny the divorce petition. In some jurisdictions men may divorce their wives at-will, but women may not divorce their husbands without their husband's consent.
Your spouse was caught cheating do you still pay alimony?
In a No Fault Divorce state it issue is not applicable.
