The petition is filed to open a suit for divorce. The case is open until the petitioner dismisses it or until the court grants the divorce.
how long is the wait before a divorce take place if the spouse refuses to sign the divorce petition
If you going through a divorce you have a lot of things in your mind including how long it will take to respond to the petition. In Jamaica you may have to wait up to 12 months to get a divorce as the respondent.
That would depend upon the laws of the state in which the dissolution of the marriage was filed.
You should wait for 60 days after Filing for divorce and you and your Spouse should ask the court to finalize a divorce.This time will begins on the day you file your divorce petition with the court.
By law, it must be at least 60 days from the date the Petition for Divorce was filed with the court. Then, it's just a matter of how long it takes you to get papers signed by the parties and presented to the judge.
There can be no "automatic" divorce,although abandonment can be used as a viable reason for the termination of a marriage. Regardless of how long the couple have been separated a divorce petition must be filed and the proper procedures followed.
For a Georgia divorce, or any other state for that matter, you can obtain a divorce and it is not necessary for the other party to agree or even appear. As long as you meet the residency requirement, you can file for a divorce. You would have to have a process server go to the prison and serve her with the petition for your Georgia divorce but that is not all that unusual, it happens fairly often. However, I would retain a Georgia divorce attorney to assist you under these circumstances.
By Texas law, the Judge can't sign the Final Decree of Divorce until the Petition for Divorce has been on file for at least 60 days. So, if you can get an agreed Decree before the judge on day 61, it'd take 61 days.
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.
Sure, you can petition anything as long as you get lots of people to sign the petition.
The divorce can be filed by either person, provided they meet residency rules. In order to file for divorce in Texas or Virginia, either the petitioner or respondent must be domiciled in the state for at least six months, and reside in the county where the divorce is being filed for at least 90 days, before filing the divorce petition. A good example of that are Nevada Divorce Dude Ranches, where women stay long enough to gain residency, than file for divorce in that state. The first to file has jurisdiction over the case.
how long until the divorce is final in the state of Mass