Are divorce papers legal if filed with the wrong name?
whwn my husbands attorneney submitted our divorce papers to the courts to be filed for divorce he put the wrong maided name on paper is it legal
Try waiting a month or two
You are supposed to be served with the divorce papers in less than 90 days.
If Married in Canada divorce back home will Canadians accept those divorce papers?
Canadian divorce law requires a residency of one year in Canada (continuous) from one of the divorcees. This basically means if you want a divorce in Canada you (or your partner) must move back for a year before the government will grant a divorce.
Can you file your own divorce?
yes you can.all the forms you need are online. Although you will need to pay the filing fees
What if your name was misspelled on summons divorce paper that you were served?
See who wrote it...send summons back to sender with telling them you will not honor the summons due to wrong spelling...but make sure you write them with return reciept from Post Office.
You can still proceed with a divorce in California. California does not require your spouse to sign divorce papers. As long as your spouse is properly served you can proceed with the divorce.
For more information about Divorce and knowing your rights, you may want to check out my websites. I have been litigating family law cases in California for over 30 years.
I have a hardback book called Divorce, A Survival Guide for California residents only available at http://divorcesurvivalbook.com.
Also an ebook version is available at http://adivorcesurvivalbook.com.
Good Luck
Dianne R. Ophelia
Attorney at Law
All publications of Dianne R. Ophelia are published to inform the general public about current issues of importance in the field of Family Law. While every attempt has been made to verify the information provided in her publications including, but not limited to her articles, blogs, books and ebooks, the author/publisher does not assume responsibility for errors, omissions, or differing interpretations of the subject matter and material provided. No communication resulting herein shall create an attorney-client relationship.
The same process is used regardless of the whereabouts of the non filing spouse. The party wanting the divorce files the dissolution of marriage petition in their state and county of residence. Service to a spouse who is not living in the state where the divorce is filed is known as an edictal citation. If the whereabouts of the person is not known the filing party must prove to the court that they have made every possible attempt to find the person or a member of the person family (subsituted service). A spouse who refuses to respond when served with the dissolution summons, regardless of where they may be residing forfeits his or her right to contest the action. When the non filing spouse refuses to respond or cannot be found, the requesting spouse will be granted the divorce under the default laws of the state in which the petition is filed.
No, once the settlement agreement has been signed and filed contestation is not possible except under very unusual circumstances. For example, one of the individual's deliberately concealed assets by some form, such as selling, transferring etc. to keep them from being included in the partitioning of marital property.
In my case yes, my ex called me about 30 minutes later and knew that I had just received the citation! This is in TX.
I believe that you can be granted a divorce within 1 year of separation with or without his signature. There will likely be more paper work to file though. Good luck!
How long does it take for someone to get served with court papers?
The time it takes for someone to be served with court papers can vary widely depending on several factors, including the method of service, the location of the individual, and the complexity of the case. Typically, service can occur within a few days to a few weeks after the papers are filed with the court. However, if the person is difficult to locate or there are issues with the service process, it may take longer. It's essential to follow legal procedures to ensure proper service is completed.
How do you serve papers to someone in Merced county that you don't know their address?
You can do a few things. If they own a house or live with someone who owns a house you can go to the registry of deeds in the city you suspect they live in or around, you can get a copy of voter reg. lists,copies of the census aswell good luck.
Can a private investigator in Florida serve divorce papers?
Yes, a private investigator in Florida can serve divorce papers, but they must be licensed as a process server. In Florida, process servers are responsible for delivering legal documents, including divorce papers, to the intended recipient. It's important to ensure that the private investigator is familiar with the specific rules and regulations governing process serving in the state.