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Noo it will ot be possible for him to , as he is a incarcerated spouse, he will not be able to contese the terms of the divorce case.
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∙ 15y ago
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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.
What happens if spouse does not sign or return divorce papers in Illinois?
If your spouse was served PROPERLY with paperwork and they do not sign or respond by the deadline, you will automatically get the terms u asked for in the divorce.
What can be done if your wife will not grant you a divorce in Missouri?
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.
Is there a way to get a divorce from an incarcerated spouse without him signing any paperwork?
Thanks Mackey for extending on my post. I did mean that this person could go see a lawyer and go through the natural process which includes property rights, etc. I was slow on the up-take. LOL Marcy Yes you can, but it's advisable to see a lawyer on this. Since your spouse is incarcerated there in no need for his permission to get a divorce and the courts are quite lenient in these types of cases. Marcy * No. In the U.S. both parties of a dissolution of marriage must be notified of the action or a reasonable attempt for notification made, before the divorce is granted. Even a person who is incarcerated may have legal rights to marital property. The person wishing to file the divorce can do so in the city or county court of their residence. The filing spouse must inform the court of the whereabouts of the incarcerated spouse and he or she must be served dissolution papers and given the amount of response time allowed by the laws of the state in which the dissolution petition is filed or the state in which the marriage took place, whichever is the longest. If the incarcerated spouse does not respond accordingly either in acceptance or opposition to the dissolution terms, the divorce will be granted to the petitioner on the grounds of default.
Can you be forced into a divorce in Vermont?
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.
In Texas what happens when a husband wants a divorce but the wife does not?
The wife cannot refuse to divorce her husband, but she can contest the terms of the dissolution of marriage petition which usually causes the proceedings to be lengthy and expensive for all parties. If there is no disagreement on the terms and the non filing spouse refuses to accept the divorce summons the requesting spouse can file under the state's default laws.
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.
What is the average cost of a divorce in Louisiana?
The average cost of a divorce depends on many factors including whether there are children involved and whether the divorce is going to be contested. If you and your spouse agree to the terms of the divorce, it can cost as little as $200.
what am I entitled to get from the divorce after 31 years of marriage?
You will have to work out the terms of your divorce with your attorney and your spouse's attorney. A lot depends on how much you had as a married couple and whether or not you signed a prenup.
Can creditors go after an ex-spouse if their name was on credit account even if the divorce said the other partner was responsible?
They can try. Will they be successful? Hard to tell without knowing which state you live in and the exact terms of your divorce. You probably would be well advised to discuss this with the attorney who handled your divorce. I agree with Nikki. In Indiana, the creditors can normally sue either spouse regardless what the divorce decree says, and the aggrieved spouse's recourse is to counter-sue other spouse who was supposed to pay the debt. The aggrieved spouse may also go back to the divorce court and try to get the spouse who was supposed to pay the debt held in contempt of court for disobeying the divorce decree. But, none of this protects either spouse from the actual creditor. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Yes, under the terms of the credit agreement the ex-spouse is jointly and severally liable for the debt and creditors are therefore within their rights to pursue them for recovery of the debt. However, the ex-spouse may well be able to seek reimbursement under the terms of the divorce settlement.
Refuse to respond to a divorce petition in Florida?
You can still get a divorce when your spouse refuses or cannot be found to sign the papers. Within a few weeks the served spouse must answer whether he or she agrees with the complaint. By default in many states, a failure to answer the complaint is viewed as an agreement to its terms.
If getting a divorce in Pennsylvania can the spouse who provides medical insurance legally terminate the other's medical benefits before the divorce is final when the two are living separately?
No. I believe he must wait until the divorce is final and all terms are worked out.
