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When one wants a divorce and the other does not do both parties have to sign the papers with no children involved?

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2009-01-06 23:56:18
2009-01-06 23:56:18

No, the petitioner spouse can receive a divorce under the state's default laws.

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It is not required that both parties sign the divorce papers in NY or any other state. The judge has the power to grant the divorce.

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.

The final divorce papers will be entitled: 'Final Divorce Decree or Dissolution of Marriage.' The divorce paper will spell out the terms of the divorce between the parties and include a signature from a judge in the county.

Depends upon what the divorce papers were. If it was the final decree and the state in which the divorce was granted does not have a waiting period for the involved parties to remarry, then the second marriage is legal. However if the above does not apply then the involved parties should consult with an attorney as to the proper procedures to clear up the matter.

If there are no children from the marriage and both parties can agree to division of assets the courthouse has a simple divorce form you can fill out together and file without an attorney for just the filing fee.

Certainly if both parties agree to it. Check with your lawyer or the court where you filed the papers.

Divorce lawyers understand the process and how to complete the legal papers. They are working solely for you, not your spouse, and because of this they can help you to get the best settlement possible with the least argument between the parties involved.

No both the parties will have to sign the divorce papers.

Yes, both of them has to agree. If not, the divorce cannot be confirmed.

You would have a conflict of interest by signing the divorce papers for both parties. Your spouse must sign his own name.

It all depends on what a judge might say. Your wife eventually will have to sign the papers no matter what.

No, there is a divorce by default as long one spouse is served. Also see a California divorce Attorney- www.california-familylawyers.com

In any state, only one spouse needs to sign the divorce papers and the other needs to be served legally per local laws.

Your responses are outlined in the papers, but I would suggest getting an attorney involved at the earliest opportunity.

A divorce can be granted under New York laws when: 1. The parties were married in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 2. The parties have resided in New York as husband and wife and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 3. The cause occurred in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 4. The grounds for divorce occurred in New York, and both parties are New York residents at the time the divorce papers are filed, or 5. Either party has been a resident of New York for a continuous period of at least two years immediately before filing the divorce papers. Section 230 of the New York Statutes.

BY signing divorce papers in your local metrical institution. If both parties are willing, there is no need for attorney. However it may have to be verified by a notar depending on your location.

You have to file the papers in court, signed by both parties. There will be a court date after the alotted amount of time and the divorce will be granted.

You can fake her signature or you can get one of her papers that she did sign and tape it to the divorce papers

serve the divorce papers because then you know Ur not doing anything wrong

You should seek legal advice and file divorce papers against her. Your lawyer will draw up papers stating why you are filing for divorce. In most States a divorce would be granted for several reasons, one being 'alienation.'

If you're in the US, no, both signatures are not required, although it's generally easier/quicker if you have both signatures.

No you have to have both parties sign the divorce because if you don't and you get remarried you could be reported for bigamy ( it's illegal).


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