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Divorce Documents

Divorce documents are documents needed when filing for a divorce. Also called divorce papers, these documents are among the critical requirements for a fast divorce proceeding. Forms should be properly filledout by both parties.

433 Questions

What is the difference between serving divorce papers and filing for divorce?

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.

Where do you go to get a certified copy of a Will?

It is merely a photocopy of a will certified by a probate lawyer. A certified copy of a will is a photocopy of that the court which admitted it to probate certifies it as the last will and testament of the decedent and that it has been admitted to probate and is therefore effective as the last will.

How can you get a divorce if your spouse refuses to sign the divorce papers in Missouri?

File a dissolution of marriage (divorce) petition in domestic court in the county in which you reside. If you do not wish to use an attorney or a legal representative, contact the office of the court clerk for specific information about forms and filing fees.

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.

Do you need to get divorced in the same state you got married?

Whatever state where you are 1) currently a legal resident or 2) where you USED to live, IF you still can get jurisdiction in that state. Call and ask an attorney from the previous state if jurisdiction is still possible, based on your specific circumstances.

Wife refuses to sign divorce papers in Georgia?

If you serve your spouse and he/she refuses to sign after a certain amount of time (based on state), usually 30 days. You can usually go to your court hearing with proof that you've served your spouse and he/she has not responded within 30 days. They may have defaulted (failed to respond) on the divorce which means you win your divorce by default.

Do both parties have to sign the papers for a divorce to be final in the state of Maryland?

A spouse can refuse to sign the divorce papers for as long as they wish but that does not mean that they wont get divorced. The court simply will not keep a party to a marriage in the marriage arrangement if they do not want to be in it anymore. What happens in these circumstances is that you must attempt to serve the other party (sounds like you have done that) and proceed as if they did and a default divorce judgment will be entered and you will be divorced.

What if spouse refuses to sign divorce papers in minnesota?

then your not divorced

Or you should talk to your spouse about it if you guys really want to divorce or not. If the spouse does not want to accept the divorce papers,that spouse still cares for you. Then you should talk about getting back or settle things and talk to him/her about the divorce papers. If you do not care for your spouse then talk to that spouse gently and maturely about it

If you are sure about the divorce but your spouse refuses to sign talk to a lawyer. in almost every state (if not every state) there is a way to get a divorce anyway it usually involves setting up a hearing. then they try to serve him/her the papers for the hearing if he/she does not respond within a certain period of time then the divorce is granted otherwise you might have a legal battle on your hands. However i believe in California it is not required to have your spouse sign the papers (do some research though to be sure) if that is true you might be able to go file for your divorce there however i still recommend talking to a lawyer about possible options where you live since its easier.

How long do you have to be separated to get a free divorce?

to have a divorce the people that are married need to be together atleast a year. after that year they can file for divorce and have to stay apart without any affairs in till the judge has finalized the statement.

Can you leave the state with kids if you've been served with divorce papers?

Forgiveness is more likely if you are not violating any divorce decree or court orders. It may be easier to do so before the divorce happens, so that you are not bound by a 100 mile ruling. Once you are there, you can divorce and stay where you are working.

How do you get copies of divorce papers?

Go to the Clerk of the District Court in the county where your divorce papers were filed and get a copy.

How do you get your final divorce papers?

At your nearest court house or city offices. Maybe even the county department or ,if you have one, the nearest state department.

Is it ok to date other people while divorce papers are awaiting a judge's final decree?

When me an my ex-wife separated it was two more years before we finalized a divorce. We both dated people during that time. She was even pregnant with another guys baby and had it while we were still legally married - I had to put in the decree that I wasn't legally obligated to support the child, but other than that, the actual act of us dating/sleeping with other people didn't have any effect on the divorce. The reason for divorce on the papers reads: "separated for an extended period" or some such. Nothing about being unfaithful or anything like that since it all happend after the separation. Of course we were still kind of friends with each other, and didn't hate each other. I suppose one of us could have made it harder on the other if we had so chosen, but since we didn't even try going down that path I couldn't say one way or the other.

AnswerI would wait, myself.

Is the divorce legally final if only one person signed the papers?

There are some places that will grant you a one signature divorce. It depends a lot on your circumstances. It may be handled differently if it is abandonment, or if it is contested. Either way, in many locations, it is still possible. It is best to seek legal advice in the area in which you reside.

What happens if divorce papers were never signed?

It all depends on your attorney, and time, If the papers are not signed in a

'reasonable amount of time the lawyer can insert a clause to have it approved if the other person is just holding out, and will make it miserable not to.

What can you do about my name forged on divorce papers?

Yes! As long as they are not caught during the process. A true criminal and a lawyer would get this done.

However, if you think your spouse has gotten a divorce without your knowledge and without serving you legally, even by publication than you need to work with an experienced attorney to sue them for forging your name and signature. It is a criminal offence.

Also it would be in your best interest to let go the relationship and finalize your side of divorce so to prevent future identity theft from the spouse.

In Alabama how long does it take for judge to sign divorce papers?

This depends on the backlog of cases the judge has to review. In most cases, it will be three to four months at the most from the time the papers are filed.

Where can you download and print divorce paper for free?

State court website. Contact the family law clerk office and they will guide you. Simply Google Divorce papers in "your state" and go on the court website

Or you can email help@smsattorneys.com and one of our legal secretary can send you the divorce papers in your state with simplified instructions to file them.

How do you serve divorce petition papers?

um. I never been Divorce before. but Have you try go to Divorce lawyer ask them a question. that might helpful. Divorce Lawyer can help with you how to Divorce Petition papers. Good luck.

Here this. I found off from website.

How do I serve the divorce papers? If a lawyer is handling your divorce, he or she will have the divorce papers served on your spouse. If you are using "do-it-yourself" forms, the instructions will tell you what you need to do. Your spouse can agree to sign papers that say he or she has been served. Otherwise, your spouse must be served by either the sheriff or another adult (not you or your children).

If you are getting welfare or certain other public benefits, the Support Enforcement Division (SED) will also have to be served with the divorce petition. If you do not have a lawyer, or if the divorce forms you are using do not have instructions about this, you can call SED to find out how to serve them with the papers.

What if I am served with divorce papers? If you agree with all the terms of the divorce as listed in the petition, you do not need to respond. If you want to challenge the terms listed in the petition, you must file a written answer (called a "response") with the court within 30 days after you were handed the papers. Contact a lawyer or your local legal services office to learn about what you can do. There is a court fee to file a response in a divorce case.

Can you refuse to sign divorce papers in South Carolina?

You can refuse to sign divorce papers in Texas. The divorce will eventually move ahead and along without the signatures.

Once both parties sign divorce papers but the the divorce process is not final can the divorce be stopped by one party?

No. In the United States you cannot force your spouse to remain married to you if they wish to dissolve the marriage.

No. In the United States you cannot force your spouse to remain married to you if they wish to dissolve the marriage.

No. In the United States you cannot force your spouse to remain married to you if they wish to dissolve the marriage.

No. In the United States you cannot force your spouse to remain married to you if they wish to dissolve the marriage.

How do you serve divorce papers on someone who lives out of the country?

If serving legal documents on someone in Mexico, the procedure is somewhat similar to how documents are served in any other country. However, there are particular challenges that are involved in serving papers south of the border, for instance.

Language, although English is widely spoken, Spanish is still the country's primary language, and so it will be necessary in most cases to be able to get around Mexico.

If the defendant to be serve has skip town or does not live at the address on file, the resources for tracing an individual in Mexico are rather limited, so it is important to have as much alternative information about the individual's family as possible, in this way you may have additional places to look for, and find his or her whereabouts.

Usually an affidavit of service must be notarized, and so you will need to visit a U.S. Consular office in Mexico. Notarization by a Mexican notary is possible, but rather time consuming, expensive and not always a sure shot. This is because, even if the affidavit is translated into Spanish, if the notary does not understand the purpose of the document, he or she will not notarize it.

An alternative option is to use a private investigations company in Mexico to serve the documents for you.

How long does it take to end a divorce after divorce papers have been sent to the courts?

Different states have defined waiting times. Some states require at least a 6 month wait - called a "cooling off period". California is one of those ... In Arizona it's 62 days.

What happens if spouse refuses to sign divorce paper in the state of AR?

Although that can make an already difficult process more difficult, you can still get a divorce. Courts simply are not going to keep you in a "contract" that you want to get out of. You need to show the court that you used due dilligence to serve the other party and that their refusal to sign the papers is no fault of your own. After the court is satisfied with this showing, you can proceed with the divorce as if they had signed the divorce and a default divorce will be entered and you will in fact be divorced.

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