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What if not heard from spouse in 3 years can i get a divorce?
Yes as he has not bothered to contact you in the past three years , you can very well divorce him, he might be dead even and life goes on.
In the state of Illinois can one spouse file for a divorce even if the othe spouse refuses?
Even in Illinois both must file for divorce, then only will things move forward.
How do you divorce your spouse while they are in jail?
It is always possible to sue for divorce, even if your husband is in jail. If he has turned out to be a criminal, and you didn't know that when you married him, you could certainly argue that he married you under false pretences. I believe that the court would be sympathetic.
How do you file for a divorce if your husband is no where around?
In most states, you can file for divorce even if the other party isn't present. You could be granted a divorce by default so long as the other party does not contest. There is usually a waiting period allowing the other party time to contest the divorce, so it may take longer than if both parties were present. Talk to your attorney, they will be able give you more information about your local divorce laws.
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.
In Arkansas can you get a Divorce for 1.00 if your Spouse is incarcerated?
You can get divorce court fees waived if you fall below a certain poverty level point. Even if you spouse is incarcerated, you would have to pay the fees if you have a good income.
Can you be forced into a divorce in Vermont?
A spouse can contest the dissolution of the marriage if they so choose. Such contestation would relate to the terms of the divorce not the granting of it. Even so, the spouse not wishing the divorce would not be able to keep it from though they might be able to delay the process for quite a while.
How can someone get divorced if your spouse refuses to sign the papers in Washington State?
When a Spouse Does Not Sign Divorce Papers When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction. Only the spouse who is filing for the divorce must sign, however, the spouse requesting the divorce usually must serve the other spouse with process. Service of process means that the other spouse is given notice that they have been sued. In a divorce situation, serving the other spouse with process means that the other spouse is notified that their spouse has filed for divorce and given a chance to appear. Contested Divorce Modernly, courts have moved past the traditional requirements of finding cause for a divorce. In fact, every court offers no-fault divorce. However, even a no-fault divorce can end in one of two ways, it can be contested or uncontested. When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested. Once the divorce becomes contested, a hearing must take place in order to establish the reasons for contesting the divorce and for the court to resolve those reasons. If both spouses show for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. The court will also decide on all settlements and divisions of property. In the mean time, there are some things that you can do to try and resolve the issues and avoid allowing the court to make the decisions for you. Divorce by Default Proceeding If the spouse refuses to show for the scheduled divorce hearing and all attempts at negotiating have failed, the original filing spouse has the right to request a default divorce. In this instance, the court will uphold the divorce request and all of the original terms. This means that all divisions of property, child support amounts and custodial arrangements listed in the divorce papers will be the court's final decision. The reason the courts make this decision is because the court considers the opposing spouse's absence to be an agreement to the terms of the divorce. The court will make the default finding as long as the other spouse was truly served with the petition.
Is a spouse in Florida entitled to a police's pension when they divorce even if they have only been married for 4 years?
NO and if it is that should be a crime.
How do you divorce a Florida inmate?
You can file for divorce without his approval. The lawyer will serve your spouse with the papers in prison and usually anyone in prison will grant the divorce. If he should refuse the law is basically on your side, but if you have children other provisions may have to be made because he is the father of those children and the courts would have to decide that. Marcy
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.
Does a divorced spouse still have rights as stated in a former spouse's will if the former spouse is re-married?
The following information is general and may vary from state to state.Generally, divorce decrees include a release of each party of any future claims against the estate of the other. A divorce is meant to sever any relationship between the parties. Generally by law, a divorce extinguishes any provisions regarding your former spouse made in a will drafted prior to a divorce unless the provision specifies it is to be paid even if the coupleshould get a divorce. In some jurisdictions, a divorce will revoke a prior will entirely.If a new spouse forgets to or neglects to update their will after the marriage, the new spouse is provided with a portion of the estate as though the decedent had died intestate. You can check the laws of intestacy for your state at the related question link provided below.
