DIVORCE QUESTION!!!!!?
Find answers to your legal question.
DIVORCE QUESTION!!!!!?
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Wht happens whn she wants a divorce and he doesn't? Like, he wont sign the papers? do they have to come to common grounds to get a divorce? No marriage counseling was done. Wht does the judge say?
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BaBaoooMowMow
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Generally, when one spouse seeks a divorce and the other spouse cannot be found, or refuses to appear in court, a “default divorce” can be obtained. In such a case, the trial for divorce is one-sided, and since there is nobody to contest the divorce, it is usually granted as a matter of course.
This may seem unfair to a spouse who, for one reason or another, was unable to appear at the divorce trial, who now wants to contest it. Because of this, most states have a procedure through which a spouse who has been divorced by default can contest the divorce, in certain limited cases.
Generally, the spouse who wants to contest the default divorce has a certain amount of time to do so – in most states it is around one year. The spouse must also show good cause for not appearing at trial in the first place. States vary as to what constitutes “good cause” but generally, being physically unable to appear (for medical or other reasons) would suffice. In some states, fleeing a marriage to escape domestic abuse constitutes good cause to re-open a default divorce, as well.
Serving in the military overseas, or in extended training, would also constitute good cause. |
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Mean Carleen
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She can get a divorce with or without her husbands signature. |
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VCL
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The divorce will still be granted. Why would a man want to stay married to someone who doesn't want to be married to him? |
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chacha
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still can get a divorce |
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Aimes
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The divorce will still be granted, it just may take a little longer. |
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Brianna
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in every state in the United States a divorce can be granted if the other person doesnt' want it. BUT, they can make it drag on for years, ask the judge to force counseling and generally make it a living hell. My ex did for 2 years... i never thought it would end... but after exhausting everything, the judge finally granted me my divorce!
It takes longer to get a divorce if the other won't agree to it and sign the papers, but it can be done. Different states have different time frames. Get an attorney, it will make it a tad easier. |
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happy 1
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depends on what state she lives in. they could divorce by default. he doesn't have to sign anything.
good luck |
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K D
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I believe both parties have to sign the divorce papers. One of the things to think about before getting married because you can really get stuck in the relationship if it doesn't turn out well. My cousin's ex will not sign the divorce papers, even though they have not been together for 10-11 years. She hasn't been able to marry the love of her life because of this hold up and the only reason the ex does not want to sign the papers is to make my cousin's life a hell. |
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