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Does my husband have to respond with legal documents to prevent the divorce?
Wiki User
∙ 15y ago
Yes, he has to object to the divorce if he fails to respond then you move forward. If he fails to do anything you get usually everything you ask for because he shows no objection to your claims.
Wiki User
∙ 15y ago
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My husband and I live separately. Can I file a petition for divorce by myself?
United StatesYou can petition for divorce but you cannot do it in secret. The court will order that your husband be served with the notice of your filing. If he cannot be found the notice will need to be published in a local newspaper. If he doesn't respond the divorce can proceed. A person who refuses to respond to or sign divorce papers cannot prevent the other party from obtaining the divorce.
Is there a statute of limitation on divorce my husband has remarried and i never rec'd divorce papers or divorce petition?
If you cannot be found or if you refuse to respond to a petition for divorce, that cannot prevent your spouse from obtaining a divorce. The important signature on a divorce decree is that of the judge. You should contact the court where the divorce was obtained and order a copy of the divorce decree. If you go in person, you can request to see the file and review the contents.
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.
If your husband was in the army and divorced you in Mexico is this legal?
PLEASE consult a divorce attorney in your state or contact the Legal Aid Society (they offer free or low-cost legal services) to insure your rights are protected.If your husband did not notify you that he was seeking a divorce in Mexico (so that you could respond), then THAT divorce would be a "void" divorce and would NOT be legal in USA.["Void" divorces, where an ex parte divorce is obtained without notice, actual or constructive, to the absent defendant. Courts do not recognize or enforce this type of divorce]
How do you file for divorce in California if your husband is in a California State Prison when your funds are low and you can't afford a lawyer?
Information pertaining to divorce process in the state and for a list of legal aid for people with limited resources can be found at California Court Self-Help, http://www.courtinfo.ca.gov/selfhelp If you and your husband are in agreement (ie no disputes over children, posessions, debts, etc.) you will be way ahead of the game. If he also wants a divorce, the best way is for you to "petition" or "sue" him and hope he does not respond. This means you file for divorce through your family law office, and serve him with the required documents. Keep in mind that filing is not cheap. If you can, explain to him that the divorce will be granted by default as long as he does not file any paperwork in response (meaning that because your husband did not respond the divorce is automatically approved.) He will thusly also save paying the large filing fees. If you have children and/or mutual posessions and you cannot agree who will get them the aforementioned process will not work. There are lots of resources to help, but it seems they never give you the whole picture at once so you'll have to keep returning with more questions.
I want to divorce my husband living in Brazil We have property Please adviseThank you?
You absolutely need an attorney. If you live in a no fault state, your husband doesn't have to agree to the divorce in order for you to get one. But there are procedural steps you still have to complete and you will need your attorney's help. If you are the one to file, it will be up to your husband to respond, including coming back to the states to get things finalized and/or for him to protect what he feels is his. The property you own as a married couple is considered a marital asset and is subject to distribution according to the laws of your state. If your husband is unwilling to cooperate, he may find that decisions regarding his share of the assets will be made without his input. Don't let it stop you. But again - you must hire a good divorce attorney. He will know or will find the answers to any of the complications involved because your husband is not in the country. Meet with the attorney and he will tell you what documents and information you need to gather. It will be fine. Good luck.
What is the time limit to respond to a divorce in Kentucky?
30 days
Can you get a divorce if the respondent fails to respond?
That will not prevent the divorce. The courts will allow publication of notice in the local paper. It may take a little longer but if the respondent chooses to not represent their own interests in the divorce the plaintiff can obtain a default judgment.
Can a motion for temporary orders for a parenting plan replace the response to divorce papers?
No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.
Can you get a one signature divorce with children?
Only if the other party refuses to respond
How do you respond to a public notice for divorce?
contact the superior court near you to get info.
How does a default divorce work in Florida?
If your spouse has been notified of the pending divorce and fails to respond to the petition within the allotted 20 days, then you can petition the judge for a default judgment of divorce.
