Divorce and Marriage Law
California
Divorce

Can a spouse file for a divorce and lie about the whereabouts of the other person?

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2006-02-24 01:37:15
2006-02-24 01:37:15

Not if they want the divorce decree to be legal and they could be charged with perjury by signing the divorce petition as it is a legal document.

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No. The other person didn't commit adultery against you only your spouse did. Your spouse violated your marriage vows.

Yes, she can. Having a mental illness is not a "get out of divorce free" card.

Yes! You cannot file for divorce without letting the other person know about it!

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.

if your spouse did not legally divorce his former wife,you are not married,he is a bigamist and your "union" is not legal

1. That the other spouse has committed adultery (or had sexual relations with someone else) and that as a result, the spouse seeking divorce finds it intolerable to continue living with him or her. 2. That the other spouse has behaved in such a way that the spouse seeking divorce cannot reasonably be expected to live with him or her. 3. That the other spouse has without good reason abandoned the home for a continuous two years before the action for divorce was started. 4. That both spouses have lived apart for a continuous period of two years before the action for divorce was started, and the other spouse agrees to the divorce.

it depends where you are at divorce because in some places you could get less then some other places but yes your spouse is entitled to funds at divorce.

Technically yes. By this I mean that if there is a situation in which one spouse cannot be found (and the other spouse attempted to locate the spouse) then the court will proceed with the divorce without that spouse and enter a default divorce. However, if you were never served the paper work to put you on alert that you were getting a divorce then you do have the option, within a certain amount of time, to contest the entry of the default divorce. Although you cannot necessarily reverse a divorce you are given an opportunity to argue your side.

No. Not unless they are specifically mentioned in their ex-spouse's will with the acknowledgment that the gift is to take effect in spite of the divorce.

No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.

In the United States, one spouse cannot prevent another spouse from obtaining a divorce. Briefly, the party who wants a divorce must formally notify the other spouse pursuant to state laws. The person serving the divorce papers can be a private process server or sheriff. That service provides the other spouse with the opportunity to object and represent their own interests in the proceeding. The service provides proof for the moving party that the other party was given notice. If the spouse refuses to show up for the scheduled divorce hearing the original filing spouse has the right to proceed and request a divorce.You should arrange a consultation with a well recommended attorney who specializes in family law and divorce if possible.

Yes, you can because it is not necessary for a spouse to sign divorce papers in New Jersey or in any other state. A complaint for divorce is filed and a summons issued. Both are served on the other spouse, who then has a certain time to answer the complaint. If no answer is filed and if the papers had been properly served, the plaintiff will be allowed to proceeds to try to prove his/her case without objection by the defendant. All this can occur without the other spouse signing anything. No "signature" is required for the obvious reason that one cannot reasonably expect a person about to go through a divorce proceeding to be cooperative with the plaintiff and sign papers.

Depends on when the other person earned the pension, how long you were married and what state you live in.

If you live in the US, you can't force someone to stay married to you.

Summary judgment is not generally permitted in divorce.

yes, it can yes, it can Depending on the state you live in, in Michigan cohabitation is illegal so if one spouse is living with another person and not married to that person they can lose custody.

Consult a divorce attorney for your state's laws. Most states have a provision to divorce a spouse who's absent or whose exact address is unknown. In many cases, you have to attempt to find them (to have papers served) by advertising in a local paper. The same procedure as if the person were living in the same country/state where the other spouse wants to file the divorce. The spouse wanting the dissolution of the marriage simply follows the procedures required under the laws of the state in which he or she lives.

You will be required by the court to publish a notice of the divorce filing in the paper. For more information you should visit your local family court.

Yes and no. You should do everything you can to try to locate the spouse you are trying to get a divorce from. But if you cannot find him or her then you can still get a divorce. Known as a default divorce, the court will grant the divorce once you should that service was not possible. You should not wait or assume that it is not possible without the other spouse because that is simply not the case.

If you know where your spouse is, you have to serve them. If their location is not known notice can be published in the local paper.

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.

Yes, a person serving a sentence in a state or federal facility can have divorce petition (or other legal actions) served upon them, and has the legal right to respond through the prescribed facility regulations.

Usually you can start the divorce yourself and then get that served to the other party. They have a time period if which they have to respond or the divorce happens with a default judgment.

in fable 2can lady grey divorce you? Yes she can. It happened to me she found my other spouse.

spouse did not know name was on policy or that the other name was removed without knowledge


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