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No, but it is a good idea to file a custody agreement with the courts in the county in which you live to establish custodial rights of both parents.

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โˆ™ 2005-11-05 04:07:53
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Q: Is a divorce necessary to have custody of any sort be given to any party?
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Related Questions

Can child custody and support orders obtained in a divorce settlement be changed without notifying the opposite party?

no


Who is the moving party in a divorce?

The party who files the complaint for divorce.The party who files the complaint for divorce.The party who files the complaint for divorce.The party who files the complaint for divorce.


Could a third party be summoned to court for a divorce hearing?

Yes, a third party could be summoned if the situation calls for it. This is common in children's custody issues.


How can a father get full custody of his child after a divorce with the mother who is sixteen?

The father will have to take the mother of the child back to court if the divorce is already finalized. Custody should have been determined during the divorce so if 1 party wants to change that, they will have to take the other person back to court again.


Can i look up child custody judgments pretaining to my children and myself?

If you are a party to the case you have the right to request a copy of any legal documents that you are named in such as a divorce decree or custody order, at your local courthouse.


What is the first step in the divorce process?

The first step in filing for a divorce is for one party (petitioner) to demonstrate a desire to end the marriage. It will also be necessary for the individual to state the reason(s) why they are seeking the divorce.


Can you file for a divorce if your wife refuses?

Either spouse may file for divorce at any time. The agreement of the other party is not required. If the parties are unable to reach an agreement on how to divide property, custody and support, a court will have to make that determination.


Can a father get custody of a child during a divorce if the mother is seeing someone before the divorce?

The fact that a parent is seeing someone else before a divorce takes place should have no impact on custody whatsoever, unless the other parent feels that the third party would have a negative impact on the child, or would endanger the child in any way. As each case is judged individually, you need to get a lawyer.


What is meant by the term texas divorce?

The term a "Texas divorce" means no-fault divorce. Which means neither party is responsible for the divorce, so no party is responsible for paying alimony.


Can you get custody of your child if your spouse is having an affair?

This is difficult to answer because the main deciding factor is the judge in the case. If the spouse is a good parent (I realize many of us don't consider a cheating partner being a good parent though it has little impact if the child is protected properly), it is unlikely the judge will award sole custody to the faithful party.Also, keep in mind that in most jurisdictions you will need to file for divorce. Custody will be determined as part of the divorce proceeding and having an extramarital affair is generally not a reason for denying custody.


In California How long do you have to wait to divorce?

The minimum time required to obtain a divorce in California is 6 months from the date a party is served with divorce papers (Summons and Petition for Dissolution of Marriage.) Divorces can take longer if all of the issues of custody, support and division of assets cannot be resolved prior to the expiration of the 6 month period. You can "bifurcate" your divorce and obtain the "status" of being divorced at the end of the 6 month period, even if you haven't resolved all of the other issues of custody, support and property. A custody coach can be a great help in answering all of your questions and helping you through your divorce. There are many good coaches out there, include myself.


How fast can a divorce be finalized in California?

The minimum time required to obtain a divorce in California is 6 months from the date a party is served with divorce papers (Summons and Petition for Dissolution of Marriage.) Divorces can take longer if all of the issues of custody, support and division of assets cannot be resolved prior to the expiration of the 6 month period. Also, you can "bifurcate" your divorce and obtain the "status" of being divorced at the end of the 6 month period, even if you haven't resolved all of the other issues of custody, support and property. A custody coach can be a great help in answering all of your questions and helping you through your divorce. There are many good coaches out there, include myself.


What is a no fault divorce?

Rhode Island is a "no fault state".A no fault divorce in Rhode Island simply means that a fault grounds are not necessary in order to obtain a divorce in Rhode Island. In other words, all the parties have to prove to obtain a divorce in Rhode Island is irreconcilable differences that led to the breakdown of the marriage. However, the parties are free to allege other various fault grounds as a cause of the break up of the marriage. Even if a divorce is a "no fault " divorce it does not necessarily mean that it will be an uncontested divorce.What does a "no fault" divorce mean in Rhode Island?In some states, it is necessary to prove fault grounds in order to obtain a divorce. Under Rhode Island divorce and family law, it is not necessary to prove fault grounds in order to obtain an absolute divorce. All you need to do is prove irreconcilable differences in order to get a divorce. Irreconcilable differences can be anything from lack of communication, different goals and aspirations, affairs, domestic violence, arguing, fell out of love or actually anything. In other words, if either party wants to terminate the marriage, then that party can get a divorce in Rhode Island so long as the other jurisdictional requirements in Rhode Island are met.


Can a husband sue for divorce?

The action in which people request that a court dissolve the marriage is a suit for divorce. Both the wife and the husband have the right to sue. Typically, the other party will respond to the suit with a counterclaim for divorce.With the advent of "no fault" divorce, it is often unnecessary to prove fault grounds or reasons for divorce. Instead, the dispute typically centers around the division of property, custody and support.Added: Simple answer - yes.


Can a petitioner get a divorce in the Bahamas without the respondent knowledge?

No. A divorce would not be legally recognized if carried out in secret with no notice to one party.No. A divorce would not be legally recognized if carried out in secret with no notice to one party.No. A divorce would not be legally recognized if carried out in secret with no notice to one party.No. A divorce would not be legally recognized if carried out in secret with no notice to one party.


If a man wants a divorce but his wife does not what will happen in the state of Michigan if she contests the divorce?

Michigan is a no-fault state. This means that you do not need to plead any grounds for divorce beyond the statutory words (i.e. 'There have been a breakdown...'). This also means that since you do not need to contest grounds for divorce there is never a trial held for the matter of the divorce itself. Simply, the divorce will happen, no matter what, even if the other party never responds to it. What the other party can contest, however, is the division of property and debts as well as custody of the children. In a divorce, all of the delay comes from dividing property and the children, and when there is a trial it is entirely about what property is marital property and marital debts and how those are divided. However, while Michigan is a no-fault state the relative fault of the parties in causing the divorce (e.g. adultery, abuse, etc.) can be a factor in divising property and can effect custody. But while this might change the relative allocation it will in no way stop the divorce from happening.


What is liberal partial custody?

it means the person who have custody have to deiced when the child can visit the other party,


Can you still get divorced if the other party doesn't want to sign divorce papers?

It is possible to sue for divorce, and if the judge agrees that you have sufficient grounds for divorce, the divorce will be granted, whether the other party signs the papers or not.


Can a mother take her child from its father and keep it with her at her house if there is no residency order in place?

If the parents are married they both have equal right to the child unless one party gets temporary custody pending a divorce. If they are unmarried and have never been married the mother automatically has custody. The father would have to go to court to establish his paternity and petition for joint custody and visitations.


Who is the plaintiff in a divorce?

the other party


What does it mean when a divorce is contested?

one of the parties of the divorce doesnt agree with what is going on and is wanting something else to happenI am sure you mean "Contested" divorce. A contested divorce can mean 2 different things.1. Contested divorce can describe a divorce where one party is arguing the other doesn't have grounds for divorce and attempts to prevent the divorce; therefore, the divorce, itself, is being contested.2. More commonly though, the term is used to describe the divorce process where both parties want the divorce but can't agree on issues like child custody, child and spousal support and equal distribution of the marital assets.


Who is the moving party in a divorce case and who is the opposing party?

The moving party is the party making a motion to the court. Either party has the ability to make any number of motions during a divorce case. The opposing party would refer to the party that did not make the motion.


Who is Happier after divorce?

Answer Sometimes neither party is really happy then again it depends on who filed for the divorce and why they filed for divorce.


What is the quickest way to get divorced in ca?

The minimum time required to obtain a divorce in California is 6 months from the date a party is served with divorce papers (Summons and Petition for Dissolution of Marriage.) Divorces can take longer if all of the issues of custody, support and division of assets cannot be resolved prior to the expiration of the 6 month period. You can "bifurcate" your divorce and obtain the "status" of being divorced at the end of the 6 month period, even if you haven't resolved all of the other issues of custody, support and property. A custody coach can be a great help in answering all of your questions and helping you through your divorce. There are many good coaches out there, include myself.


What is an Intervener in child custody issues?

In a lawsuit, an intervenor is a third party that enters the case because he has some issues at stake. In a custody lawsuit, an intervenor would probably be a third party that has some claim of custody over the child.