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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.

Asked in Divorce and Marriage Law, Court Procedure, Divorce Documents

Can you file for divorce without attorney or contacting your spouse if he lives in another country?

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...
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Asked in Divorce Documents

Can a spouse refuse to sign divorce papers?

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...
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Asked in Divorce and Marriage Law, Divorce, Divorce Documents

What legal options are available to a spouse to prevent a divorce from being granted?

United States 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 friendus 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...
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Asked in Divorce Documents

Does your wife have to sign the divorce papers to get legally divorced in the state of Illinois?

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...
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Asked in Divorce Documents

What happens if the final divorce papers are not signed by the Petitioner but are signed by Respondent after 30 days of the Judge finalizing the divorce?

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...
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Asked in Divorce Documents

Is your divorce still legal if your lawyer put Jr instead of Sr on your divorce papers?

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...
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Asked in Divorce and Marriage Law, US Constitution, Divorce Documents

How long is the wait before a divorce can take place if spouse refuses to sign the divorce?

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...
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Asked in Divorce Documents

Must the father sign the divorce papers knowing he will pay child support and alimony even though he is taking the same responsibility in caring for the kids?

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. ...
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Asked in Divorce and Marriage Law, Divorce, Divorce Documents

Legally what power does your wife have to move on with a separation and divorce if you refuse to sign the papers?

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. Answer She 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...
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Asked in Divorce and Marriage Law, Las Vegas, Divorce Documents

If your spouse moves out of state how can you find out if they have filed for divorce?

Answer you can call the courthouse in the state and county you were married in, they can tell you if your spouse filed for divorce. ...
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Asked in South Africa, Divorce Documents

How do get a certified copy of divorce papers from south Africa?

www.deedsearch.co.za 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,...
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Asked in Divorce and Marriage Law, Citizenship and Marriage, Divorce Documents

If an alien with no greencard or papers gets a divorce will they get deported?

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. ...
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Asked in Law & Legal Issues, Divorce Documents

Is it Illegal to sign spouse's name on divorce papers to get a divorce?

You can't possibly think that someone will tell you it is ok to forge a person's signature on a legal document. ...
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Asked in Divorce and Marriage Law, Teen Dating, Divorce Documents

How do you find out if your boyfriend has really filed for his divorce?

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 ...
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Asked in Adoption, San Diego, Divorce Documents

How can a 17-year-old find a copy of their adoption papers?

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: adoption@plzone.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....
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Asked in Divorce Documents

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...
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Asked in Divorce Documents

What do you do if your husband serves you with divorce papers?

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. ...
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Asked in Divorce and Marriage Law, Pennsylvania, Divorce Documents

How long do you have to wait if your spouse refuses to sign their divorce agreement?

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...
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Asked in Divorce and Marriage Law, Divorce Documents

How do you find out if you have been divorced if you have never been served divorce papers?

the courthouse in the state and county you were married in would have a record of that info, they are public records ...
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Asked in Divorce Documents

How can you tell if Divorce papers are real?

the divorce papers must have a court seal and sign by the clerk of court
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Asked in Divorce and Marriage Law, Citizenship and Marriage, Mexico, Divorce Documents

If your fiance's spouse in Mexico refuses to grant a divorce can you get married anyway?

You might be able to slip through the cracks and get married, but the marriage will not be legally valid. It will not be valid for immigration purposes, since one of the requirements is proof of the legal termination of all previous marriages prior to the qualifying marriage. Mexican divorces take a long time even if it is agreed. 2 years minumin. ...
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Asked in Divorce and Marriage Law, Australia, Divorce Documents

If you filed for a divorce can you change it to a legal separation?

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. ...
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Asked in Divorce Documents

If your would-be ex and you have reconciled but the divorce papers are filed but not final how do you stop the proceedings and not get the divorce?

File an affidavit of non-suit with the court, at least in Texas that's all you have to do. ...
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