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Yes, a judge can and should on all cases that doesn't involve PROVEN violence.
Sometimes a judge may request this so the couple is sure they want the divorce, but generally it would be wise for the couple to make sure they want a divorce (especially if there are children) by going to marriage counseling. Divorce is not only traumatic for the two spouses, but often children blame themselves when the parents get a divorce. So unless a judge has requested this, then no, there is no real law that can force you to take marriage classes.
Under the law a divorce is the official determination by a Judge that the marriage is over. There cannot be a divorce without judicial intervention. Antolin Andrew Marks.
I am a paralegal for the state of South Carolina. Here a judge must state if there are children of the marriage union in the divorce decree. Of course it does, that is a highly relevant issue that would need to be addressed(custody,support, visitation etc) during the proceeding.
If you don't want a divorce and prefer counseling in Texas, you will need to speak to the judge presiding over your case.
No. It is not legal to marry someone before your divorce decree is made final. It is called bigamy. You can go to prison for that. Most people do not like prison. You obtain a marriage license without the final divorce decree by applying for one. Most places do not check to see if you are married when they issue a license. They simply collect your money.
No, if the judge has not signed the final dissolution petition the marriage has not legally been dissolved.
5 years love
The marriage license is a public record. You can check with the county clerk in the place where they got married. If you are in a divorce action, your attorney will know how to obtain it.
There's not a waiting period to remarry in CO, but when you apply for your marriage license you have to show a copy of the divorce decree.
A person cannot be denied a divorce, but the terms of the divorce can be contested which sometimes leads to a long and lengthy court battle. When a spouse is served with a dissolution of marriage summons and fails to respond the spouse seeking the divorce may petition the court for a motion of default. A judge will review the petition to be certain everything is in order, the judge may also choose to interview the filing spouse. After the judge is satisfied that proper procedures have been followed the divorce will be granted by default. The non-responsive spouse will be notified that the divorce has been granted and that they have forfeited their legal rights to contest any of the terms that were included in the original dissolution of marriage petition. These procedures apply whether a spouse is incarcerated, residing in another state or living outside the country. Be advised, a divorce granted by default does not relieve a spouse of the obligation of child support, that is a different issue.