If a person files for divorce but has not been separated for two years and the court dismisses the case for that reason. The court then determines that the date of separation was the date of the first filing. Does that person then have to wait two years before the case goes forward?
2006-07-25 06:45:52 · 16 answers · asked by reed 1 in Family & Relationships ➔ Marriage & Divorce
I live in Illinois and it is a two year separation. I was just wondering if the person then had to wait for the two year period before filing again. In Illnois if the other party contests that there has not been a two year separation and the court agrees,,,,, I was wondering what happens while that person is waiting for the two year period to file again.
Thanks
2006-07-25 06:54:12 · update #1
yes it can happen...its called an annulment.
2006-07-25 06:47:23 · answer #1 · answered by irishmomof3 5 · 0⤊ 0⤋
I would check what your state and county laws are. I was never legally separated, I just went and filed for divorce in December 1995, and we were granted the divorce by March 1996. Some states have laws that you have to be separated, so I would check the laws, or contact your attorney who must have written up your legal separation papers for you, and should have explained everything to you.
2006-07-25 06:49:15 · answer #2 · answered by thedothanbelle 4 · 0⤊ 0⤋
I've never heard of such a thing. I know its different in each state, but no state should make anyone wait two years to get a divorce. In iowa once you file its a 90day waiting period. good luck
2006-07-25 06:48:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I didn't think it is 2 years, I thought it was 90 days. I've never heard of having to wait 2 years. What state (or country) do you live in?
2006-07-25 06:47:45 · answer #4 · answered by dmc81076 4 · 0⤊ 0⤋
Not sure, but here (in Alberta, Canada), we have to wait a year before we can divorce after separation, but can have an immediate divorce if there is adultery, mental, physical or emotional violence/bullying.
2006-07-25 06:50:05 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Holy Hell... Where do you live so I can make sure I never live there!!! In Indiana, once you file, the other person doesnt even have to know about it and in 3 months, you are divorced. SO GOOD LUCK!
2006-07-25 06:48:35 · answer #6 · answered by Angel Eve 6 · 0⤊ 0⤋
if the other person isn't signing the papers then you have to wait the two year period this is happening to my sister and she has to wait until december then it will be two years and she'll be divorced without his signature
2006-07-25 06:47:56 · answer #7 · answered by cutiepie81289 7 · 0⤊ 0⤋
you have to be apart a year(in some cases less) --- living at a different address --- you don't have to file separation papers unless the laws in your area requires it.
2006-07-25 06:50:37 · answer #8 · answered by jaimestar64cross 6 · 0⤊ 0⤋
I only had to wait for 90 days
2006-07-25 06:48:48 · answer #9 · answered by Texas_at_its_best 4 · 0⤊ 0⤋
NO
COURT DISMISSES THE CASE?
IT SOUNDS LIKE A DEFAULT.
THAT'S WHEN SOMEONE DOESN'T FILE PAPERS AND/OR ASK THE COURT
FOR A FINAL JUDGMENT OF DISSOLLUTION / DIVORCE DECREE.
FAMILY LAW VARIES STATE FROM STATE
WHAT DID YOUR LEGAL COUNSEL SAY?
WHAT DID YOU WANT?
2006-07-25 06:49:47 · answer #10 · answered by Anonymous · 0⤊ 0⤋
yes apply for divorce in a state without ua two year requirement.
2006-07-25 08:39:50 · answer #11 · answered by rebecca 2 · 0⤊ 0⤋