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That depends on the laws in your jurisdiction. Courts will generally try to divide marital property in a fair manner but they also take other factors into consideration such as the ability of the parties to acquire future assets, income levels, education levels, children, etc. Generally, sole property is retained by the owner.
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∙ 11y ago
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If a wife wants a divorce and the husband doesnt is there a way to stop it?
No. In Western countries a spouse cannot force their spouse to stay married. The divorce can proceed even if one party wants to stay married.
How can a US citizen who is working in Germany for the army file for divorce in GE while the spouse is in the US What can the US spouse do to fight this action if she wants the divorce in the US?
speak to a lawyer
What if your spouse refuses to give divorce and wants to prolong it as long as possible what can you do?
Serve him with divorce papers and let him anwer in court.
After signing the legal papers for divorce can a spouse change his mind when going to court?
Yes and no. You are always welcome to change your mind about the legal proceeding you are entering into. However, when it comes to divorce, if the other party still wants to go through with the proceeding even though you have changed your mind, then the divorce will be granted with or without your consent. Although it may complicate things, if your spouse wants the divorce the court is not going to keep him or her in the marriage contract.
If a spouse told his mistress that he wants to keep his family but wants to be with her also do you have the rights to ask him for divorce?
When a husband wants to keep his family and still have his mistress, then yes, the wife has every right to file for divorce.
In SC if your spouse is living with someone new during the waiting period does that exclude you from a No Fault divorce?
No fault means just that. Your spouse can live wherever she wants including the waiting period for your divorce.
What if your spouse wants a divorce and you do not?
In the end you have to give in because it would appear your marriage is over and in the end they will do it unilaterally.
Your boyfriend wants a divorce from his wife they have been separated over 7 years she committed adultery she still refuses divorce is she entitled to his work pension?
He can get a divorce with or without her cooperation if he wants one. Check your state's laws, Most states now have "no fault" divorce policies which means it doesn't matter what his wife did or didn't do, he can still divorce her. She may be entitled to a portion of his pension depending on the length of the marriage and state laws.
How do you get a divorce with a letter from your spouse stating he wants the divorce but he won't show up for court?
The great part about an uncontested divorce (both parties agree) is that you can proceed with a divorce without a lawyer. You are able to represent yourself in court and save time and not to mention money. Your spouse won't need to show in court when using this company. If you file for the divorce, you will be the one finalizing it. Your spouse is served, he/she signs and you attend court to finalize the divorce.
If a divorce is filed do both parties have to sign the divorce papers when the two people have children if one wants the divorce and the other does not?
If both parties will not sign the divorce papers then the court will deciede. Depends what state you are in. Indiana is a no fault state meaning if you want to divorce you will be allowed to regardless if the other party wants to or not.
You are filing for divorce but your spouse an you agree to live together till the divorce is final?
when you file for divorce both you and wife are bound to live separately until you both get divorce from the Court. If you and spouse wants to live together and apply divorce the law will not grant divorce to you both as you are willing to live together and the question of divorce does not arise get divorce under any grounds both the parties must live separately.
Can a spouse get a divorce in Minnesota without your consent?
Yes. Both parties do not need to consent to a divorce. With the advent of "no-fault" divorce laws in the 70's and 80's, most states only require that one party show that the marriage is "irretrievably broken" or something similar. A court would very rarely refuse to grant a divorce if one party wants one, even if the other party feels that they can work it out. However, he must serve you with proper notice and give you the opportunity to be heard in court.
