1. That the other spouse has committed adultery (or had sexual relations with someone else) and that as a result, the spouse seeking divorce finds it intolerable to continue living with him or her. 2. That the other spouse has behaved in such a way that the spouse seeking divorce cannot reasonably be expected to live with him or her. 3. That the other spouse has without good reason abandoned the home for a continuous two years before the action for divorce was started. 4. That both spouses have lived apart for a continuous period of two years before the action for divorce was started, and the other spouse agrees to the divorce.
it depends where you are at divorce because in some places you could get less then some other places but yes your spouse is entitled to funds at divorce.
No. Not unless they are specifically mentioned in their ex-spouse's will with the acknowledgment that the gift is to take effect in spite of the divorce.
Consult a divorce attorney for your state's laws. Most states have a provision to divorce a spouse who's absent or whose exact address is unknown. In many cases, you have to attempt to find them (to have papers served) by advertising in a local paper. The same procedure as if the person were living in the same country/state where the other spouse wants to file the divorce. The spouse wanting the dissolution of the marriage simply follows the procedures required under the laws of the state in which he or she lives.
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.
If you live in the US, you can't force someone to stay married to you.
Summary judgment is not generally permitted in divorce.
Yes, she can. Having a mental illness is not a "get out of divorce free" card.
If your spouse will sign divorce papers, you can get a divorce in Alabama more easily, more quickly, and without paying as much money. It's possible that if you and your spouse are able to talk openly and honestly with each other, you'll be able to reach agreement on terms of a divorce and both sign the papers. But that's not what you asked, is it? If your spouse just refuses to sign anything or talk about divorce, and if you know where he or she lives, you have no choice but to file for divorce and get service of process on your spouse. This will trigger a requirement that your spouse file an answer within 30 days of having been served. If your spouse fails to answer, you can file an application with the clerk to have your spouse declared in default. The court will set a hearing at which you will appear and give testimony, and soon after that the court will issue a divorce decree. If your spouse DOES file an answer, you and your spouse will have entered an adversarial divorce, in which you and your spouse each maneuver for advantage and to acquire the information you need to present your case in a divorce trial. Most adversarial divorces don't actually get to a trial. Most get resolved before that in negotiation (the same kind of negotiation you and your spouse could do now for free if you both could be cooperative). It's hard to say how long an adversarial divorce would take or how much it would cost, because it depends so much on your lawyers and the positions each of you takes as you negotiate with each other. Lee Borden Divorceinfo.com
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.
No. The other person didn't commit adultery against you only your spouse did. Your spouse violated your marriage vows.
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.
Yes! You cannot file for divorce without letting the other person know about it!
Yes. You can file for divorce in the state in which you were married or the state in which you are a resident of. It does not matter that you and your spouse live in different states you just cannot file for divorce in a state that neither have you have any relation to. It would be best for you to file first, since you live in different states, to spare yourself the traveling costs and other expenses that would be associated with traveling to Texas should your spouse file first.
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.
You can file for divorce in the state you were married in (even if neither you or your spouse currently live there) or in the states in which you and your spouse are residents of. Typically, to establish residency in a state you need to live there for somewhere between 6 months to 1 year. That being said, it is best to file for divorce where you live now to save yourself the trips to other states but nevertheless you have options.
Usually you can start the divorce yourself and then get that served to the other party. They have a time period if which they have to respond or the divorce happens with a default judgment.
spouse did not know name was on policy or that the other name was removed without knowledge
in fable 2can lady grey divorce you? Yes she can. It happened to me she found my other spouse.
you can't you have to stay married forever
Then go to the court house!
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.
When neither you or the spouse love each other anymore. When you both are fairly distance from each other in bed, dinner, etc. Or when the other spouse did something unforgivable.
if your spouse did not legally divorce his former wife,you are not married,he is a bigamist and your "union" is not legal
Some drawbacks of a Do It Yourself divorce include the length of time it takes for the divorce to finalize, certain issues that need to be addressed may be forgotten or excluded, and if the spouse is being represented by a lawyer, the other spouse may have a disadvantage.