You can file without an attorney.
If you have your spouse's address you're at minimum going to have to mail the information (papers) to him. If not, then to the last known address. You might have to publish it in a local paper where you think he lives. He certainly has a RIGHT to be there. There are many issues that might be on the table - Child Support, Equity in the home, alimony, value of other assets, etc.
Additional Opinions From Contributors
Divorce laws vary from state to state but lack of a signature can rarely prevent a person from obtaining a divorce. You must consult with an attorney in your jurisdiction. Generally, the other party can refuse to sign the papers. You will need to follow your state laws at every step in the process. If they cannot be found the court will allow a notice by publishing. Depending on your jurisdiction they have to respond within a certain amount of time. If they do not, you can proceed with the divorce.
As long as you follow the proper procedures, and your spouse is properly served with the divorce papers, he or she cannot stop the divorce by refusing to sign something.
Your Spouse is not required to sign Divorce Papers in California.
The Court will proceed with the divorce, whether your spouse wants the divorce or not.
It will not matter that your spouse refuses to sign divorce papers in New York once the state approves the new no-fault divorce law. Under the new law, you will be able to start divorce proceedings without her consent. The governor is expected to sign the bill the week of July 5, 2010 and then the law will go into effect immediately.
Under the new law, to file for divorce one of you will have to state under oath that the "relationship between husband and wife has broken down irretrievably for a period of at least six months."
File a dissolution of marriage petition under the default laws of the state. The non petitioning spouse will be given a specific time in which to respond to the divorce summons and if she or he fails to do so, the judge can grant the divorce decree according to the terms that are stated within. In Texas, if you have them served then they have 20 days to sign and if they do not then you automatically get the divorce.
I am an attorney who practices in family court. Most states are "no fault" divorce states in which you can merely assert that the marriage is "irretrievably broken" as a basis for a dissolution of marriage. Now, if the other partner answers the petition in writing to the court denying that the marriage is "irretrievably broken" the court may require the parties to undergo some marriage counseling to determine if the marriage can be reconciled before granting the divorce. However, judges will not force parties to stay married if the petitioning spouse still wants to dissolve the marriage.
If you apply for divorce and your spouse refutes it, most Judges accept your application irregardless of your spouse's response on the logic that if one person wants a divorce then the marriage is over.
You can get divorced in Illinois, or any other state, without your spouse signing any papers. You will have to post in a newspaper (any newspaper as long as its posted) that the divorce has been filed, that gives your spouse a chance to respond. If your spouse don't respond usually withing 30 days then the divorce is legal. Anyone living in Illinois filing for a divorce also has to meet the 90 day residency requirement. You have to be a resident of Illinois for 90 days before filing your petion for Dissolution of Marriage in Illinois. Illinois divorce laws and court system is very bias towards men. In Illinois get a good lawyer, perferably one referred to you through the Bar Association. That referal will cost maybe $20.00, but will save you allot of money in the end. At all the court sessions request that a court reporter always be present so every statements being made are legally documented and part of the divorce file. In Illinois that makes a huge difference.
If the judge has signed them, the parties' signatures are not required. If one party has prepared the decree following the judge's oral pronouncement, and if the other party fails to sign the proposed draft of the decree of divorce so that it can be submitted to the court, then the drafting party should file a "Motion to Enter" with a copy of the proposed decree attached to the motion and seek a hearing on the motion, and at such hearing the Court will enter a decree with or without signatures.
Yes, a simple mistake in wording does not change the validity of the legal document. You and your husband will be divorced, but 3d parties such as social security, insurance beneficiary contracts, retirement, and the like will not recognize Sr's authorization on legal documents stating Jr's name. A motion nunc pro tunc ("now for then") is to be filed by Sr to correct the decree. It opens up no legal issues, and it is merely ministerial and used for mistakes such as this one.
It varies from person to person and depends if there are children, properties or a substantial amount of money involved. In British Columbia, Canada, once you have been separated from your spouse for 7 years you can request a divorce document (as long as you have not had anything to do with your ex.) You can also have your lawyer push for the divorce. If you have a lawyer it sounds as if he/she is not doing their job well. If you don't have a lawyer I suggest you get one. I tried getting a divorce the easy way from my ex, but he was doing the same thing your husband is doing (just being nasty) and I had to get a lawyer and even at that it took me 2 years to get that divorce.
IF AT LEAST ONE OF THE PARENT'S HAS LIVED IN CALIFORNIA FOR AT LEAST 6 MONTHS, CALIFORNIA HAS JURISDICTION AND UNDER CALIFORNIA LAW, AS I UNDERSTAND IT, NO SIGNATURE IS REQUIRED BY THE OPPOSING PARTY TO EFFECTUATE A DIVORCE DECREE. MEDIATION WILL LIKELY BE ORDERED TO WORK OUT A PARENTING PLAN AND "DISSOMASTER" WILL BE UTILIZED TO COMPUTE SUPPORT AMOUNTS.
If most states, you do not need to prove "fault" to get a divorce or legal separation. She can hire an attorney and proceed however she deems fit.AnswerShe has every right to proceed with the divorce. She does not have to have your permission to get a divorce. Answer
She does not need your signature. If you refuse to sign to acknowledge that you received the petition/complaint, she will have you served. If you refuse to sign a settlement agreement, she will ask for a trial date and have the judge decide how to divide your property and to declare you divorced.
you can call the courthouse in the state and county you were married in, they can tell you if your spouse filed for divorce.
Not in a million years! The only place you can get copies of your divorce papers, is at the court where you got divorced. There are companies like Divorce RPD who obtain documents for you.
You will need your case number; without the case number the court will not be able to help you. You can get your case number from the Dept. of Home Affairs, IF it was captured on their system. If it is not listed with the Dept, you will have to go to the court archives and look up your case number.
Once you have your case number, you can request copies of your divorce documents from court. This will take anything between a few days to a few months, influenced by the date of the divorce, the court, the archiving company, current staff working there and lots of luck (or not?). You can get copies of your divorce decree, your divorce settlement if available and you could also get certified copies of your divorce papers and even an "Apostille" with your divorce records.
Be ready and prepared to make many phone calls, hold-on for hours and then stand in queues for hours, and maybe come up with nothing. Easiest is to let the pro's , like Divorce RPD, handle it for you.
An alien with no greencard or "papers" could get deported any time. Getting married or getting a divorce are things which, in and of themselves, have no baring on the aliens immigration status.
If the spouse had filed a petition on the alien's behalf, the petition would no longer be valid. An immature or vindictive ex-spouse could try to make immigration trouble for the alien, but it's unlikely that they would be able to actually get the person deported.
You can't possibly think that someone will tell you it is ok to forge a person's signature on a legal document.
Copies of court documents - including orders regarding dissolution's of marriage and judgments of dissolution's, probate, wills, name changes, criminal and civil cases - are available at a district headquarters courthouse in which the matter was handled, or if it is an older record at the Los Angeles County Superior Court
Archives. Check at a district headquarters courthouse - see "Superior Courts" for a listing of the district courts or go to lasuperiorcourt.org to determine where the file is stored. (No phone orders will be accepted).
Some post-1999 civil case documents may be online on the related link provided.
For the Central District Court, you may visit or write the certification section in Rm. 112 at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles or call (213) 974-5191 for information. (No phone orders will be accepted.)
To order documents from the Archives requires having a case number, names of the parties and what document you want copied. If you have the names of the parties and the year the case was filed, but no case number, and it was filed in 1965 or earlier, you may request the case number by calling the civil index clerk at (213) 974-1378. If the case was filed after 1965, call the civil index clerk at (213) 974-5171.
Check with the Clerk of Court in the Parish where your boyfriend got married. Divorce records are public records and as long as you know his full name and at least part of her name, you would be able to find out. I have done this and cannot access records
If you want the name of a PI that has helped many children and birth mothers re-unite, or at least find out the facts then email me direct to: email@example.com. I will leave this email active for a while. The lady helped my nephew find his mother (my sister-in-law). My sister-in-law has four kids she raised and they have had a great family reunion. And this P.I. helped my wife find her son she gave up for adoption 30 years ago. All this has turned out wonderful!!! My wife and her son talk every week on the phone and we have even made great friends with the family that adopted him. We talk to them twice a week, or at least email real often. We have exchanged at least 500 photos . . . they story goes on . . .
When you initiate any lawsuit, the first thing you do is file a Complaint or Petition. This is a document outlining what you want and why you are legally entitled to it. (In a divorce, you sue the other person for dissolution of marriage.) This document is filed with the clerk of court, and is called a case. This process is commonly referred to as filing for divorce.
Once your Complaint is filed, you must then give the defendant formal legal notice of the pending lawsuit. This is done by "service of process," meaning you serve them. Different states have different rules for how a Complaint may be serve, but it typically involves having the sheriff or another authorized person physically place the documents in the Defendant's hands.
Once a person has been served, they have a certain period of time (20-30 days, depending on jurisdiction) to file an Answer, or a formal document responding to the Complaint. The Answer must be filed with the court, and also sent to the Plaintiff or Plaintiff's attorney by mail or hand delivery. If your serving for divorce you have the court documents (papers) showing you have filed for the divorce with the courts. Filing for a divorce is the first step in the divorce process. The spouse then has to be served for the divorce proceedings to begin.
When divorce papers are served they are officially given to the spouse and the court is made aware that the spouse is officially aware of the divorce.
Find yourself a good lawyer who specializes in divorce. Also, try to think about the future and what you need and what will make it go smoothly. Try not to be bitter and angry and end the marriage as fairly and peacefully as possible.
Generally, in regards to a voluntary move, the parties need to come to some sort of an agreement about visitations. There are so many factors that must be considered: the age of the children, the distance that must be travelled, whether the parent who is moving can travel back for visits, etc. The party that moves should not expect the parent with physical custody to incur expenses relating to the visitations. If the parties cannot agree on a plan they will need legal advice.
then your still married
the courthouse in the state and county you were married in would have a record of that info, they are public records
If your spouse refuses to sign the agreement that you have proposed, he/she may propose an alternate agreement, or may refuse. If the two of you cannot reach an agreement on your own, you may have to attend court ordered mediation.
If you still cannot reach an agreement, you will have a trial. You will have to wait for the court to set a trial date. Depending on the area, how busy they are, and any state waiting periods, you may get a trial date anywhere from 3 months to 3 years after initially filing.
No, generally both parties will need to request the dissolution of marriage petition be withdrawn or dismissed, and then need to file a petition of separation. Not every state will grant a legal separation decree, nor dismiss a divorce petition depending upon the circumstances.
lots of papers with lots of information on it.
30 days in some states
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