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If your spouse does not sign the divorce papers in the state of Florida can i make the divorce final on my own?
Wiki User
∙ 13y ago
Florida is a no fault divorce state. That means that you can get a divorce for any or no reason at all. If your husband won't sign divorce papers, then you're going to have to file a petiton for divorce in court. If you have no minor children or real property, you qualify for a simplified divorce. In any event, the main courthouse in any county in Florida should have a self help center or go to the clerk's office if your county does not. Most forms used in court are readily available as they have been approved by the Florida Supreme Court for court use. If there's no self help center and the clerk can't help you, go to the library in that courthouse or a local law school library and ask for help in finding the necessary forms. Many counties have a legal aid program if you want help and your finances are lacking or you can always hire a lawyer. In short, you don't need your husband's permission or cooperation to get a divorce. Good luck!
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoUsually if you serve your spouse and they do not sign the papers under a 30 day period in most states, you may win your divorce by default. Divorce by default happens when the served party fails to respond to the divorce papers served.
Wiki User
∙ 14y agoIf your spouse will not agree to a divorce agreement, you can file a Petition with the court to continue the divorce proceeding as a contested divorce. Which petition you file will depend on whether there are children and/or property involved.
A contested divorce can become complex, and it is generally suggested that you seek legal advice from an experienced Family Law attorney. Divorce mediation can help you resolve issues in a safe and professional setting. Educating yourself as to the process and the issues involved, can save you in time and money.
See the Related Links below for more information.
Wiki User
∙ 9y agoYes, you must serve divorce papers on your spouse in all 50 states. Generally speaking, there are two main ways that you can serve your spouse:
1) Personal Service (which means an adult person - not you - hands the documents to your spouse); or
2) Certified Mail with Return Receipt.
Most states also have an option for your spouse to simply acknowledge service in an affidavit so that you can just hand them the documents.
Special Notes:
If your spouse is currently residing outside of the U.S. or is stationed with the military outside of the U.S., Certified Mail with Return Receipt is not an option for you.
If you cannot located your spouse, you can get permission from the Court to serve your spouse by Publication or Posting. This is a last resort of service on your spouse where the court allows you to print a notification that you have filed for divorce in court approved publications or official places of notification.
Wiki User
∙ 15y agono, buddy ur in luck
Wiki User
∙ 8y agoWhat is a babbadook
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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.
Can you get remarried if divorce papers are filed but not final?
No, you can't remarry if divorce papers are filed but not final.
Are you legally divorced if you were never served and your spouse knew about this?
You have to sign the papers == The divorce is not final until it is rendered official (Final Decree) in a court of law.
How does a person file for divorce if they live in France and their spouse lives in the United States?
In most countries it is usually the same process. You must file for divorce in France and they will require that you serve them with the divorce papers and this is accomplished with your spouses signature as proof that he received the divorce papers. One thing...It DOES NOT have to be his/her signature as receiving the papers. For example if it is sent to where your spouse works any signature will do as it is understood that your spouse was the final recipient of the divorce papers. If his personal or business address is NOT KNOWN then you will be required to publish in the last city where your spouse was known to live or you believe he/she is living an article stating that you have filed for divorce. In the USA it is usually a 4-6 month process. It may vary in France.
Can you date after your divorce papers have been filed in Florida?
No, you are not supposed to. People do it allof the time though. YOu do, however, have to tell the person you are dating that you are married until the divorce is final.
How do you get a divorce if you dont know where your spouse is you had no children or property together?
after one year if the spouse does not answer an ad inthe local newspaper the divorce is final
In WA state if the wife does not sign the final divorce papers is the divorce final or are they still married?
In Washington, once the judge approves the final dissolution, that is it.
When divorce paper are signed in Virginia how long do you have to wait to marry someone else?
In Florida - There is no waiting period. Your divorce becomes final and official the instant the Circuit Court Judge signs his name to the papers.
Once both parties sign divorce papers but the the divorce process is not final can the divorce be stopped by one party?
No. In the United States you cannot force your spouse to remain married to you if they wish to dissolve the marriage.No. In the United States you cannot force your spouse to remain married to you if they wish to dissolve the marriage.No. In the United States you cannot force your spouse to remain married to you if they wish to dissolve the marriage.No. In the United States you cannot force your spouse to remain married to you if they wish to dissolve the marriage.
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.
What do you need to do to finalize divorce papers in Illinois?
To finalize divorce papers in Illinois, you will need to reach a settlement agreement with your spouse on important issues such as property division, child custody, and support. Once you have this agreement, you can file a Marital Settlement Agreement with the court. After a waiting period of at least six months, you can attend a final hearing where a judge will review your agreement and grant the divorce.
If you married an Italian man in Italy and you are American and you filed for a divorce in California and received your final divorce papers do you need to file papers in Italy also?
No.
