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Can a spouse file for a divorce and lie about the whereabouts of the other person?
Wiki User
∙ 18y ago
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.
Wiki User
∙ 18y ago
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Can a spouse divorce if the other person has a mental disease?
Yes, she can. Having a mental illness is not a "get out of divorce free" card.
In IL do you have to notify the spouse if you file for divorce?
Yes! You cannot file for divorce without letting the other person know about it!
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.
Can you sue if your spouse committed adultery before a divorce was final?
No. The other person didn't commit adultery against you only your spouse did. Your spouse violated your marriage vows.
How can you get a divorce if your spouse refuses to sign the divorce papers in Louisiana?
If you serve your spouse and he/she refuses to sign, you may be able to win your divorce by default. Divorce by default happens when the person served fails to respond to the legal documents.
Can a person be divorced without receiving divorce papers?
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.
Do you need your spouse's signature on divorce papers after ten years of separation?
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.
Can you get a divorce in California without spousal consent?
Yes, you can get a divorce in California without spousal consent. California is a "no-fault" divorce state, which means that either spouse can request a divorce without needing the consent or agreement of the other spouse. However, the other spouse will still need to be officially served with divorce papers and has the right to respond to the request.
Is a working spouse entitled to the others pension fund at divorce?
Depends on when the other person earned the pension, how long you were married and what state you live in.
Can custody be given to spouse due to other spouse committing adultery before divorce but after having moved to their own home?
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.
Can a spouse get a summary judgment when only the other spouse answered the claim?
Summary judgment is not generally permitted in divorce.
What do you do if your spouse refuses to sign the divorce petition papers in Massachusetts?
In some instances, you may be able to get a "default" judgment if the defendant refuses to sign the petition papers. This can be a serious disadvantage for the person who doesn't want to sign, as the judgment and any monetary awards will surely not be to his/her liking.
