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You need to file a divorce in your state court. Only a court decree can legally dissolve a marriage in the US. You will be required to notify your spouse of the filing.

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14y ago

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What happens if the spouse replies to the unwillingness court action of signing divorce papers What happens then in that situation Can you get the divorce regardless?

Request default motion.


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.


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 you paid the equity to your spouse from your divorce how can you remove their name from the deed?

Answer: In a Massachusetts divorce where the decree provides that W pay a dollar sum to H and H conveys his interest to W, if W pays and H refuses to sign a deed then the court decree can be recorded and the recording of it will convey his interest. You should have proof in your divorce file that you paid him. The payment should have been exchanged for the deed by your attorney.


What happens in North Carolina if one party refuses to sign divorce papers?

In North Carolina, if one party refuses to sign divorce papers, the other party can still proceed with the divorce by filing a complaint in court. The court can grant a divorce even if one spouse does not consent, as long as the filing spouse meets the residency requirements and grounds for divorce are established, such as separation for at least a year. The non-signing spouse will be served with legal notice and has the opportunity to respond in court. Ultimately, the court has the authority to finalize the divorce regardless of one party's refusal to sign.


In which court do I file for divorce?

You can file for divorce in the family court or domestic relations court in the county where you or your spouse live.


After you have been served by your spouse for divorce can you move to another state with your children like from IL to MS without permission if you know the spouse asked for joint custody?

Not without permission of the court.


When being serviced in a divorce and you can not find the spouse does the document expire?

Yes and no. You should do everything you can to try to locate the spouse you are trying to get a divorce from. But if you cannot find him or her then you can still get a divorce. Known as a default divorce, the court will grant the divorce once you should that service was not possible. You should not wait or assume that it is not possible without the other spouse because that is simply not the case.


Can a spouse take the son out of state pending a divorce?

Not without court approval, otherwise the other parent can file an injunction.


How would one spouse divorce the other spouse if they don't know where that spouse currently lives?

You will be required by the court to publish a notice of the divorce filing in the paper. For more information you should visit your local family court.


Can you get a divorce without your husband signature in NYC?

I know you can still get divorced in NY without a signature if you've been separated for 2 years. There are other ways too but you still have to get consent from the court, like if you don't know where your spouse is


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.