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What else can I help you with?
Do you have to grant the wish of your spouse for a divorce knowing you will end up paying for child support and alimony?
The power to "grant" a divorce does not lie with you it lies with the family courts. You cannot force your spouse to stay married to you. The court will establish child support (and alimony, if any) based on the needs of the parties and the ability to pay.
Can you get alimony with no kids?
If you're in the US, yes. Alimony is not for the support of children, it's for the support of ex-spouses. However, judges are not required to order alimony, and usually they only order it in specific circumstances.
How can you get a divorce if your spouse refuses to sign the divorce papers in CA?
Go to court. The judge can grant the petition.
Is a spouse automatically a power of attorney if you become incapacitated?
There is nothing automatic about the process. Either they are granted the power by the person in question or the court has to grant it.
I have been married to a man in prison for 8 months and he now he wants a divorce I married him while he was in there Can he file for divorce and get me for alimony?
He can file for divorce but I doubt any judge would grant alimony.
Do you need your spouse's signature on divorce papers after ten years of separation?
No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.
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.
What if the surviving spouse signed the grant deed to the defunct spouse for the purpose of refinancing while he was alive now that he died can she claim the equity through a living trust?
If she was on the family Trust but the property was not recorded with the county of records, and title is only on his name when he died then she may have to go to probate 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.
In Florida if you were awarded permanent alimony and your ex-husband gets sick and can't or won't pay the alimony what can you do?
In Florida the one obligated to pay alimony should file with the Circuit Court in which the dissolution of marriage was filed and pay to the clerk of the Court $50 to reopen the case; the final order must state that the court retains jurisdiction to modify or enforce provisions for Alimony. File a Supplemental Petition to Modify Alimony use the Form supplied by the FL Supreme court and citeDavis v. Davis, 528 So. 2d 34 (Fla. 5th DCA 1988); obligor has suffered a reduction in income without deliberately seeking to avoid paying alimony and is acting in good faith to return his income to its previous level. E.g., Dervishi v. Dervishi, 905 So. 2d 932 (Fla. 4th DCA 2005); Rahn v. Rahn, 768 So. 2d 1102 (Fla. 2d DCA 2000). An alimony obligation should be reduced to zero to commensurate with his current ability to pay; Kinne v. Kinne, 599 So. 2d 191 (Fla. 2d DCA 1992) decide whether modification should apply retroactively, and if not, explain its decision not to do so. See King v. King, 734 So. 2d 542 (Fla 5th DCA 1999) (a decision not to make a modification retroactive is discretionary, but the reasons for not doing so should be stated on the record). See, e.g., Hackney v. Hackney, 560 So. 2d 423 (Fla. 4th DCA 1990) loss of position and unemployment constituted adequate grounds for modification); Haas v. Haas, 552 So. 2d 252 (Fla. 4th DCA 1989) Kinne supra @ 191 (The "good faith test," a court will grant a suspension in alimony when the obligor has suffered a reduction in income; Whetstone v. Whetstone, 710 So. 2d 749, 750 (Fla. 4th DCA 1998).See Kinne, 599 So. 2d at 194 (the law does not require that you borrow money to pay alimony).Spouse will have to be served, the clerk of the court will help arrange for the Sherriff to serve opposing spouse about another $20.For more info contact John at McCarty1932@gmail.com
Can you divorce a terminal ill spouse in the state of Mississippi?
You can divorce a spouse if a judge decides to grant you a divorce. Legally is different from ethical considerations.
How do you obtain power of attorney for an incompetent spouse?
You can get a power of attorney form online or at your local office supply store.
