SC allows for divorce on the grounds of "willful desertion for one year"
Abandonment is not grounds for divorce in Michigan. Michigan is a "no-fault" divorce state.
how long is the wait before a divorce take place if the spouse refuses to sign the divorce petition
This will depend on your divorce decree. There is not a standard length of time.
Serve him with divorce papers and let him anwer in court.
Many divorces are mutual between spouses but if your spouse refuses to sign your divorce papers, the process can take significantly longer. While there is no guarantee, your divorce could anywhere from a month to a year longer than an uncontested divorce.
No, there is a divorce by default as long one spouse is served. Also see a California divorce Attorney- www.california-familylawyers.com
As long is the service is proper, the spouse can serve their husband or wife. You will also want to get proof of service as well but if this is an amicable divorce then this should not be a problem.
The judge doesn't care as long as your spouse is not trespassing on property granted to YOU in the divorce. If your parents don't care if she lives on their property, that is their decision, not the court's.
Yes, a spouse may be entitled to a part of a personal injury settlement in a divorce. This depends on the laws in your state and how long you have been married.
Two. But divorce proceedings can begin beforehand.
Really depends on how long you have been married, the state you live in/were married in and how good your lawyer is. Typically any marriage lasting longer than 7 years or bearing kids that ends in divorce leaves the spouse with at least 50% if not more.
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.