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Can you divorce your spouse without the signing and do you have to go to court?
Wiki User
∙ 13y ago
You need to file a divorce in your state court. Only a court decree can legally dissolve a marriage in the US. You will be required to notify your spouse of the filing.
Wiki User
∙ 13y ago
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What happens if the spouse replies to the unwillingness court action of signing divorce papers What happens then in that situation Can you get the divorce regardless?
Request default motion.
After signing the legal papers for divorce can a spouse change his mind when going to court?
Yes and no. You are always welcome to change your mind about the legal proceeding you are entering into. However, when it comes to divorce, if the other party still wants to go through with the proceeding even though you have changed your mind, then the divorce will be granted with or without your consent. Although it may complicate things, if your spouse wants the divorce the court is not going to keep him or her in the marriage contract.
How do you get a divorce with a letter from your spouse stating he wants the divorce but he won't show up for court?
The great part about an uncontested divorce (both parties agree) is that you can proceed with a divorce without a lawyer. You are able to represent yourself in court and save time and not to mention money. Your spouse won't need to show in court when using this company. If you file for the divorce, you will be the one finalizing it. Your spouse is served, he/she signs and you attend court to finalize the divorce.
If you paid the equity to your spouse from your divorce how can you remove their name from the deed?
Answer: In a Massachusetts divorce where the decree provides that W pay a dollar sum to H and H conveys his interest to W, if W pays and H refuses to sign a deed then the court decree can be recorded and the recording of it will convey his interest. You should have proof in your divorce file that you paid him. The payment should have been exchanged for the deed by your attorney.
After you have been served by your spouse for divorce can you move to another state with your children like from IL to MS without permission if you know the spouse asked for joint custody?
Not without permission of the court.
When being serviced in a divorce and you can not find the spouse does the document expire?
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.
Can a spouse take the son out of state pending a divorce?
Not without court approval, otherwise the other parent can file an injunction.
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.
How would one spouse divorce the other spouse if they don't know where that spouse currently 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.
Can you get a divorce without your husband signature in NYC?
I know you can still get divorced in NY without a signature if you've been separated for 2 years. There are other ways too but you still have to get consent from the court, like if you don't know where your spouse is
If your spouse moves out of state how can you find out if they have filed for divorce?
In this state, at least, your spouse must file for divorce in the county of residence. All court documents with only a few exceptions (children, sealed incitements) are public record. If a petition for a divorce has been filed, it will be on record.
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.
