My mother divorced in 2007,without settlemen and judge told her 50percent of her pension fund they are going to share,my dad sold the house alone amount of 370.000
It depends on the specific terms of the property settlement and any subsequent agreements or court orders. Generally, if the settlement specified that the divorced spouse relinquishes any claim to the ex-husband's property after his death, they would not be able to claim it. However, if the settlement did not address this issue or if there were changes made to the agreement afterwards, it is possible that the divorced spouse could still claim the property.
no
If done in anticipation of altering the property settlement the selling spouse might be held in contempt of court for disposing of the assets before settlement.
After a divorce, the court will determine how the assets should be distributed. One partner cannot remove the name of the other from property without the court's ratification.
The laws regarding property ownership, divorce and dating were more traditional and strict in the 1960s than today. It was harder to divorce without a valid reason.
Assuming you mean some type of property settlement, then no, that's not possible. The exception of not dividing marital property according to the state marriage laws would be for one of the parties to sign an affidavit relinquishing all rights to all property acquired during the marriage.
In NYS you can file for a no fault divorce without getting consent from your husband. As a result, you will not need his information to serve your husband divorce papers.
be the first to file
Yes. But if you have property and children you should hire a good attorney.
You can file for divorce without a spouses signature. However, uncontested means that both parties have agreed on the terms of the property settlement and that the court does not need to make the award. For this, you will need a signed Settlement Agreement filed along with your Complaint for Divorce. You cannot do this without her signature.If she is missing, you may file for divorce, and if she is unable to be located within a certain amount of time, you may serve her by publication. After that, you would have a trial (without her) where the judge would order the divorce and distribute the assets and debt, and order custody/child support.If she is present and simply refuses to sign anything or agree to the terms you are offering, it is a standard contested divorce.Answeryes, but the wife has to be missing (or unable to be located) for a specific amount of time
no, or after.
You can file for a divorce without him. Have you made efforts to contact him. You want the judge to know that you have tried but he's not around. The judge can still grant the divorce. Good luck!