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In the United States can a person obtain a divorce without the spouses knowledge?
Wiki User
∙ 16y ago
No this is not possible. For the divorce to be legal both parties have to be aware of the divorce. There are also other requirements such as both have to be within the country at the same time so for example (this is based on a true story) if a military wife decided she liked the Pepsi guy more than her husband who has been in Iraq for a year she cannot proceed to get a divorce until he is notified and returned from deployment.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoIn short, no. You will at least have to make a good faith effort to serve your spouse with a summons to put them on notice of your filing for divorce. Important legal rights flow from being married and it would be unfair for you to be able to terminate the marriage without your spouse participating in the process. Every state has made provisions for spouses who fear they may be put in danger by filing and makes an effort to keep the parties separated. You can explore that in your state (if it applies.)
Wiki User
∙ 12y agoA divorce is only possible if the plaintiff (person seeking the action) has attempted to serve the defendant with the dissolution of marriage summons in all ways defined under the laws of the state where the divorce is filed. (contact of relatives and/or friends, place of employment, notice in the major area newspaper, etc.).
If the defendant cannot be located or refuses to accept the summons the divorce may be granted under the default laws of the state concerning such matters.
Wiki User
∙ 16y agoyou may file for divorce but the papers will be served by a lawyer for you if you obtain one
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What are a client's rights when their attorney gets their divorce without their knowledge?
How would it happen that you would have no knowledge of this impending divorce? You have to be served with papers, for starters. That should be a clue. Every effort has to be made to notify you of the divorce action before it can be continued without you. Once you have been served, you have knowledge. If you ignored this, never answered the requests for court appearance, etc., in some states it means the divorce is granted to the petitioner by default. Unless you are in "hiding" so that no one can contact you (and you'll eventually need to explain that one), it is pretty hard for a divorce to go through with no input from you.
Are there any special laws for getting a divorce in Virginia?
In the state of Virginia, spouses can file for a fault or 'no-fault' divorce. The difference between Virginia and other states' divorce laws is in Virginia, both parties must agree to the divorce if there isn't anyone 'at fault' (desertion, bigamy, a felony conviction).
What happens if your husband doesn't want to sign for the divorce?
Go ahead- he cannot stop you. The court will grant a divorce without his signature in the United States.Go ahead- he cannot stop you. The court will grant a divorce without his signature in the United States.Go ahead- he cannot stop you. The court will grant a divorce without his signature in the United States.Go ahead- he cannot stop you. The court will grant a divorce without his signature in the United States.
When getting a divorce in Florida does property located outside the United States owned only by one of the spouses becomes part of the divorce?
All property owned by either party anywhere should be part of the divorce. How it is awarded is depends on the state's laws and circumstances. Leaving property out of the divorce can be considered hiding assets, and will not turn out well.
After divorce are you liable for credit card debt in your wife's name only incurred while married?
In a community property state both spouses are equally responsible for debts. The rest of the states consider only the account holder responsible. A few states have laws referring to debts that are considered necessities being chargeable to both spouses. These laws are vague and seldom enforceable, creditors sometimes cite them in an attempt to get the non-debtor spouses to pay.
Is a Mexican divorce legal in Arizona?
Unless both spouses are Mexican nationals, a court in the United States (including a Court in Arizona) will not recognize the validity of a Divorce Decree issued by a foreign country, including Mexico. There are, however, some limited circumstances under which an Arizona court may enforce a foreign Court's Order under the common law concept of "Comity." Without more information, it is more likely than not that a Mexican divorce is not legal in Arizona.
Wheb filing jointly in a marriage are you responsible for an ex- spouses taxes owed?
In the United States the laws which govern marriage and divorce vary from State to State, so it will depend on the State in which you live. Typically, though, the "Decree of Divorce" will have provisions relating to taxes which will answer this question on a case by case basis.
What if the husband has a case for adultery can he still file for divorce?
He can be hit with Paternity and Child Support. Very few states (I cannot think of any) view "adultery" as a criminal offense. "Adultery" as grounds for divorce is not relevant any longer, as most states have a "no fault" divorce statute, which means either party can divorce the other at will without a court hearing.
Can I be forced to agree to a divorce when I do not want it?
In the United States you cannot be forced to agree but the divorce can proceed without your consent. You cannot force a person to stay married when they want to dissolve the marriage.
If you die without will does home go to your spouse even if its not in your spouses name?
Probably, but the laws vary. In most states there is a spousal right to the property that has to be resolved before it can be sold.
If you marry in Vegas what divorce rights do you have for the state i live in?
A marriage in any state is recognized in all states, and a divorce in any state is a divorce in all states.
Is it illegal for one spouse to sell assets without the others consent before divorce?
If done in anticipation of altering the property settlement the selling spouse might be held in contempt of court for disposing of the assets before settlement.
