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not that australians know of but it may be different in other countries not that australians know of but it may be different in other countries not that australians know of but it may be different in other countries
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If a person files for divorce in North Carolina and cannot serve the other spouse with the divorce papers what would be the status of the divorce?
You would have to file a Missing Spouse Divorce. This is usually when a service by publication is in order. If after a certain amount of time (based on the state) the spouse does not respond then you are able to go to the court and show that you have tried to find your spouse with no luck.
When a spouse does not follow court order in divorce to pay mortgage?
A court order is a court order. You need to contact your divorce lawyer and have him file a motion for a hearing against the spouse for contempt of court (failure to obey a court order). You can also contact the court clerk (civil court, or preferably domestic--whichever your city clerk advises you the issue will be regulated in) and they can assist you in filing a motion for the hearing yourself if you did not have a divorce lawyer during your divorce proceedings. Most likely, the judge will fine your ex-spouse and require an allotment to be initiated for the mortgage payment.
If you were awarded your vehicle in a divorce and your spouse will not return it can you report it stolen?
No you wil have to ge a court order to recover it.
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.
How do you divorce someone when you have no idea where they are?
In situations where a spouse cannot be located or being unresponsive during the divorce process (common when one spouse does not want to go through with the proceeding) you can still get divorced. Attempt to reach your spouse in order to serve the appropriate papers and when the court is satisfied that the service was not possible a default divorce entry will be entered against your spouse.
Is there a statute of limitation on divorce my husband has remarried and i never rec'd divorce papers or divorce petition?
If you cannot be found or if you refuse to respond to a petition for divorce, that cannot prevent your spouse from obtaining a divorce. The important signature on a divorce decree is that of the judge. You should contact the court where the divorce was obtained and order a copy of the divorce decree. If you go in person, you can request to see the file and review the contents.
My ex spouse doesn't pay child support was ordered by the court. What can I do?
You return to the court that issued the child support order. The court can impose sanctions when a person defies a court order.
Can a judge order you to remove your soon to be ex-wife as a cosigner in divorce court if the title is in your name?
Yes. The judge can order the spouse who is keeping the vehicle to refinance it in their name only.
Could an inmate request a divorce and get one even if his wife denies it?
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.
In Canada is a divorce considered illegal if a spouse filing for divorce gives false information in order to obtain the divorce?
How do I find hidden money my spouse put in a annuity or trust?
Can the divorce order from US court for Indian marriage be accepted in India if the couple was married in India and was staying in US?
As long as both of them stay there and the other spouse shows no objection, there is no problem. But if there is a disagreement or objection from a spouse, he or she can proceed with a divorce petition in Indian Court for purpose of jurisdiction that the marriage took place in India. Indian court's order has more impact and validity than the foreign court. SHEELA PAUL Advocate Chennai INDIA sheeladavid5@gmail.com
How long is a court order valid from?
in a divorce agreement court order to pay off spouse share of house how long is that order good for
