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Any subsequent contestation hearing must take place in the state where the dissolution (divorce) petition is filed.
You would usually need to file for divorce in the state in which you were married. If your spouse lives in a different state, he can file in that state.
then your not divorced Or you should talk to your spouse about it if you guys really want to divorce or not. If the spouse does not want to accept the divorce papers,that spouse still cares for you. Then you should talk about getting back or settle things and talk to him/her about the divorce papers. If you do not care for your spouse then talk to that spouse gently and maturely about it If you are sure about the divorce but your spouse refuses to sign talk to a lawyer. in almost every state (if not every state) there is a way to get a divorce anyway it usually involves setting up a hearing. then they try to serve him/her the papers for the hearing if he/she does not respond within a certain period of time then the divorce is granted otherwise you might have a legal battle on your hands. However i believe in California it is not required to have your spouse sign the papers (do some research though to be sure) if that is true you might be able to go file for your divorce there however i still recommend talking to a lawyer about possible options where you live since its easier.
Typically if a spouse refuses to sign the divorce papers (a more popular problem than you may think) the court will treat their lack of response as an agreement to your response. You can get a divorce without their consent.
He can sue her for divorce. She's making it nasty just like my ex did. All he has to do is walk into a lawyers office and start divorce proceedings.
If you serve your spouse and he/she refuses to sign after a certain amount of time (based on state), usually 30 days. You can usually go to your court hearing with proof that you've served your spouse and he/she has not responded within 30 days. They may have defaulted (failed to respond) on the divorce which means you win your divorce by default.
You can get divorced in Illinois, or any other state, without your spouse signing any papers. You will have to post in a newspaper (any newspaper as long as its posted) that the divorce has been filed, that gives your spouse a chance to respond. If your spouse don't respond usually withing 30 days then the divorce is legal. Anyone living in Illinois filing for a divorce also has to meet the 90 day residency requirement. You have to be a resident of Illinois for 90 days before filing your petion for Dissolution of Marriage in Illinois. Illinois divorce laws and court system is very bias towards men. In Illinois get a good lawyer, perferably one referred to you through the Bar Association. That referal will cost maybe $20.00, but will save you allot of money in the end. At all the court sessions request that a court reporter always be present so every statements being made are legally documented and part of the divorce file. In Illinois that makes a huge difference.
Abandonment is not grounds for divorce in Michigan. Michigan is a "no-fault" divorce state.
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.
You can divorce a spouse if a judge decides to grant you a divorce. Legally is different from ethical considerations.
The same process is used regardless of the whereabouts of the non filing spouse. The party wanting the divorce files the dissolution of marriage petition in their state and county of residence. Service to a spouse who is not living in the state where the divorce is filed is known as an edictal citation. If the whereabouts of the person is not known the filing party must prove to the court that they have made every possible attempt to find the person or a member of the person family (subsituted service). A spouse who refuses to respond when served with the dissolution summons, regardless of where they may be residing forfeits his or her right to contest the action. When the non filing spouse refuses to respond or cannot be found, the requesting spouse will be granted the divorce under the default laws of the state in which the petition is filed.