That depends on the reason for the objection. A spouse may contest the will for objections regarding the validity of the will. When a spouse is disinherited or would receive a larger portion under the laws that govern intestate estates, that spouse can usually file a claim with the judge for an intestate share depending on the laws in your jurisdiction.
Your spouse can contest the divorce at any point that they want to. They cannot force you to stay married to them so it only drags it out if they contest it.
Yes, and yes. Although you can use the fact that he is in prison against him, he can still contest it.
How would the court know this unless the party is served?
A spouse does not have any right to a mother in laws inheritance unless they are named specifically in the ill. You could contest the will with an attorney but you probably wouldn't win.
No.... If the none attending spouse doesn't contest to the divorce. Also if one of the spouses does not show the spouse that shows is granted what they request in the divorce proceedings
File the divorce papers have them served on the spouse. If there is no response within the required time limit file a request for the divorce to be granted under the state default laws. A spouse cannot avoid a divorce they can only contest the terms of the dissolution petition. If the default laws apply the non compliant spouse forfeits the right to contest the terms of the divorce decree.
Yes, in states where same-sex marriage is legally recognized, a same-sex spouse has the same standing as any other spouse and may file suit to contest civil commitment.
I am having same problem. Wife says she will contest
"Someone else" gets the property. The surviving spouse can certainly contest the will. And there may be specifics in the state that entitle the surviving spouse to a portion of the real property, or a life estate in real property. Consult an attorney licensed in the state in question.
Yes, you have a legal opportunity to contest a divorce and the fact that your spouse is in prison (although that complicates things) doesnt really matter in this instance. However, when one spouse want s a divorce and goes through the motions of filing all the proper paperwork, etc there is not any way to really stop it absent a reconciliation. This is because the law views divorce as a partnership contract and you cannot keep someone in a contract against their will.
Yes. Either spouse can contest a divorce. A contested divorce is one in which both spouses cannot come to an agreement on all the issues relating to the divorce, or in which one spouse does not want to go through with the divorce. Common issues that spouses cannot agree on include child support and alimony, as well as property division. If these issues cannot be resolved and remain contested, the divorce will proceed to court. It should be noted that the court will not make you stay in a relationship you do not want to be on but your spouse has an equal opportunity to be heard in a court of law.
A spouse can contest the dissolution of the marriage if they so choose. Such contestation would relate to the terms of the divorce not the granting of it. Even so, the spouse not wishing the divorce would not be able to keep it from though they might be able to delay the process for quite a while.