The form is the Answer form. You are given usually 20 - 60 days to file an answer (reply) to the Motion for dissolution of marriage. If no answer is filed you could automatically lose in court. The answer will tell the court what you are seeking in the Divorce, ie. house, car, custody of children, etc. * The respondent will be required to sign an affidavit presented by the process server of receipt of the dissolution petition. Each state establishes the time limit for filing the Petition of Response and any counter claim to the terms cited in the dissolution documents. Please be advised, when the receipt of service has been acknowledged by signature of the respondent an automatic restraining order is in effect. Neither spouse may dispose of, transfer or in anyway dispose of jointly owned property and assets or property and assets considered jointly owned under the laws of the state.
No, you can't remarry if divorce papers are filed but not final.
Call an attourney.
If you recently filed for a divorce in alabama,can you still live in the house with your spouse
File a motion of default in the court where the original divorce petition was filed. The spouse will be notified of the action. If the spouse fails to respond, the divorce will be granted and he or she will forfeit the right to oppose the terms contained in the original petition.
You have to be served with divorce papers. Unless you are in hiding, you should be visited by a server if a divorce is in the works. Or, yu could just ask your spouse if he is filing?
Answeryou can call the courthouse in the state and county you were married in, they can tell you if your spouse filed for divorce.
Kate Gosselin filed papers to initiated the divorce proceedings.
Yes, you can because it is not necessary for a spouse to sign divorce papers in New Jersey or in any other state. A complaint for divorce is filed and a summons issued. Both are served on the other spouse, who then has a certain time to answer the complaint. If no answer is filed and if the papers had been properly served, the plaintiff will be allowed to proceeds to try to prove his/her case without objection by the defendant. All this can occur without the other spouse signing anything. No "signature" is required for the obvious reason that one cannot reasonably expect a person about to go through a divorce proceeding to be cooperative with the plaintiff and sign papers.
Serving the papers is part of the process and will not move forward until your spouse is notified, or that every attempt to notify him has been made.
Divorce papers are filed and recorded as soon as it is final.
whwn my husbands attorneney submitted our divorce papers to the courts to be filed for divorce he put the wrong maided name on paper is it legal
No. If your spouse refuses to sign divorce papers, or file an answer with the court contesting the divorce, then you can still obtain the divorce. The process becomes a bit more complicated, though. You must be able to prove that your spouse knows that you have filed for divorce. Have them served with divorce papers, or some states will allow you to publish that you have petitioned for divorce-by taking out an ad in a local paper or posting notice at the courthouse. Then you must wait a predetermined amount of time for your spouse to answer. If they do not, then you receive an uncontested divorce. Call your local county clerks office for information on publishing.
Certainly if both parties agree to it. Check with your lawyer or the court where you filed the papers.
In most countries it is usually the same process. You must file for divorce in France and they will require that you serve them with the divorce papers and this is accomplished with your spouses signature as proof that he received the divorce papers. One thing...It DOES NOT have to be his/her signature as receiving the papers. For example if it is sent to where your spouse works any signature will do as it is understood that your spouse was the final recipient of the divorce papers. If his personal or business address is NOT KNOWN then you will be required to publish in the last city where your spouse was known to live or you believe he/she is living an article stating that you have filed for divorce. In the USA it is usually a 4-6 month process. It may vary in France.
Any subsequent contestation hearing must take place in the state where the dissolution (divorce) petition is filed.
That is usually the date the papers were filed at the courthouse.
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 you didn't file for a divorce then you need to check the family court departments in any jurisdictions where your spouse resided to see if they filed.If you didn't file for a divorce then you need to check the family court departments in any jurisdictions where your spouse resided to see if they filed.If you didn't file for a divorce then you need to check the family court departments in any jurisdictions where your spouse resided to see if they filed.If you didn't file for a divorce then you need to check the family court departments in any jurisdictions where your spouse resided to see if they filed.
Yes you can. You must be able to prove that your spouse knows that you have filed for divorce. Have them served with divorce papers or publish notice in the paper or at the courthouse (contact the county clerks office for information on how to do this). Then you must wait 60 days for the other party to file an answer with the court. If they do not, then the divorce can be obtained on uncontested grounds.
The Gosselin's divorce was initialized by Kate Gosselin. In the court records, she filed the divorce papers for divorce.
Divorce papers are filed to instigate divorce proceedings. The divorce suit may last anywhere from 30 days to several years. A person may not remarry until the divorce is final, no matter how long it has been pending.
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.
You need to check with the court that issued them. State laws vary. A divorce procedure does not commence until the petition or complaint is filed.
You will eventually be served with papers if this is the case. The divorce cannot happen without your involvement.