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Is the divorce legal if your spouse doesn't know about it in Illinois?
Wiki User
∙ 13y ago
Only if you obtained the divorce legally by following all the requirements of notice to the other party. If you don't know the other party's location you need to publish notice of the divorce action in the local newspaper and file a sworn statement with the court that you did so. Your attorney can advise you of the laws in your state.
Wiki User
∙ 13y ago
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What if spouse died before divorce?
It nullifies the legal action.
Can a spouse file for a divorce and lie about the whereabouts of the other person?
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.
If legally separated is spouse still next of kin?
While the divorce is pending, the spouse is still the spouse, and the legal status does not change. On the day that the divorce is granted, the spouse is no longer the spouse, and reverts to non-related.
Is it legal for a spouse who served divorce papers to her spouse to them use a durable power of attorney in the name of the spouse being divorced?
It is legal, however any descision made with the PoA can and (unless benificial to the divorced spouse) probably will be overturned by the courts during the process of divorce. If the spouse has gotten a legal withdraw if the PoA then no, it is not legal. Any debts accrued do to use of the PoA during a divorce will most likely be turned over to the person who accrued the debt, reguardless of the PoA.
Your wife filed for divorce but never served you is that legal?
If a spouse want to divorce, but can't find their spouse to serve papers there are proceedures by which a divorce may still proceed; such as by public announcement (ie an ad in the newspaper) You should speak to a lawyer or Legal Aid for the specific legal details for the country you are in.
If your spouse is in prison and wants a divorce can you contest it?
Yes, you have a legal opportunity to contest a divorce and the fact that your spouse is in prison (although that complicates things) doesnt really matter in this instance. However, when one spouse want s a divorce and goes through the motions of filing all the proper paperwork, etc there is not any way to really stop it absent a reconciliation. This is because the law views divorce as a partnership contract and you cannot keep someone in a contract against their will.
Does your wife have to sign the divorce papers to get legally divorced in the state of Florida?
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.
Can a spouse that is divorced claim any of the ex spouse's asset after their death if neither never married again?
No. Your divorce severed any legal relationship between you and your ex-spouse forever. You have no legal standing to "claim" any interest in their estate unless you were specifically mentioned in the will with the gift to be given in spite of the divorce.No. Your divorce severed any legal relationship between you and your ex-spouse forever. You have no legal standing to "claim" any interest in their estate unless you were specifically mentioned in the will with the gift to be given in spite of the divorce.No. Your divorce severed any legal relationship between you and your ex-spouse forever. You have no legal standing to "claim" any interest in their estate unless you were specifically mentioned in the will with the gift to be given in spite of the divorce.No. Your divorce severed any legal relationship between you and your ex-spouse forever. You have no legal standing to "claim" any interest in their estate unless you were specifically mentioned in the will with the gift to be given in spite of the divorce.
If your spouse moves out of state how can you find out if they have filed for divorce?
In this state, at least, your spouse must file for divorce in the county of residence. All court documents with only a few exceptions (children, sealed incitements) are public record. If a petition for a divorce has been filed, it will be on record.
What rights do you have as an estranged wife when the spouse is ill?
You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.
Are you legally divorced after more than 7 years of separation in state of Illinois?
No. A marriage must be dissolved by a court decree. Until you obtain a divorce, you remain legally married and each is the legal heir of the other spouse.
When are married couples living apart no longer considered married in Illinois?
No matter how long you live apart, you're still married until you get a legal divorce.
