my best friend has tried 2 times in the last 10 years. he has not been able to get a divorce as she contests it and says they may work it out. he has since become involved (9yrs) and is common law with another lady. they have a 7 yr old daughter. he has paid 1500. a pop to try to get a divorce BUT it never happened. He does not associate with his ex, and avoids her like the plague. Can he apply for a divorce and get one without her signing off? or is there another way possible? He wants to remarry, to his current spouse, and is extremely frustrated with the system. any help or suggestions would be great.
2006-08-21 07:21:40 · 14 answers · asked by squirtinureye 1 in Family & Relationships ➔ Marriage & Divorce
Sue for divorce - reason being irreconcilable differences.
2006-08-21 07:29:33 · answer #1 · answered by Zelda 6 · 0⤊ 0⤋
Even with a contested divorce, it is possible for the judge to find in his favor, especially with the information you have provided in the above... but common law marriage won't apply if he's legally married to someone else because of the lovely bigimist law. He needs first off a better attorney that knows how to approach it, and make sure his situation gets heard in the court. Its obviously not going to work out, if their marriage is like that, so he can use those grounds that its been contested and still not working to avoid it being contested again. It also helps if he has something to use against her, Must have witnesses, that he can bring up in court to show the divorce is in the best interest of all parties involved.
2006-08-21 07:29:32 · answer #2 · answered by DJ 3 · 0⤊ 0⤋
What kind of crappy attorney does he have? There is no way that after 10 years any judge is still failing to grant a divorce because they can 'work' it out. He got the same judge twice? Sounds like something else is up with this to me. If you are separated for 2 years (in my state) you can get a divorce without the other showing up, if its contested the judge also orders marriage counselling or something like that, not just leave the court house and duke it out some more. I know people who don't even know where their ex's are, they attempt to notify them and then the divorce is granted anyway. I just can't imagine that after a separation of this length any judge refuses to grant a divorce. Tell your friend to invest his money in a descent lawyer this time...either that or he's just telling stories to make people think he has tried to get a divorce.
2006-08-21 07:35:14 · answer #3 · answered by dappersmom 6 · 0⤊ 0⤋
If he is getting his day in court and he can prove a separation period, I don't see whats the hold up.
Even if she contest the divorce the court is the last say on marital property, grounds for divorce, child support and custody, and whatever other issues that need to be addressed.
The court can't make no one stay married if they don't want to be and she can only contest it to a certain degree but if he is filing with the court and having his day in court, I don't see how her keep contesting will continue to stop him from getting what he wants.
Also, if she refuse to accept the divorce papers after a length of time, he can get a judgment by default to my understanding and get a divorce that way.
2006-08-21 07:30:48 · answer #4 · answered by words from the heart 3 · 0⤊ 0⤋
First off, if he is married, he can't be common law with another woman...common law means that they are married...he can't be married to two women at the same time.
He needs to go back to the Attorney that he filed with...No self respecting Attorney will answer this question over the Internet, or over the phone...this is legal advice and it can get the Attorney into a lot of trouble if the outcome is not what the "client" expects.
Good luck to him
2006-08-21 07:35:26 · answer #5 · answered by Suzie Q 4 · 0⤊ 0⤋
A divorce can be ended with only the intent of one person. You initiate a contested divorce and the issues are settled by the court in trials. She doesnt need to sign anything, but he will need to prove that the spouse was served properly.
2006-08-21 07:34:54 · answer #6 · answered by baby_luv 5 · 0⤊ 0⤋
There is no way he can do this on his own.He needs to look for a VERY good attorney.It's gonna cost him a pretty penny.Look for an Attorney with a high Profile.Try asking some of the "political"people that live in his town.Find out who their Attorney-s are.Ask the secretary of a Judge.She can make some good suggestion's.It's going to take some one with power...and Lot's of money,Sorry
2006-08-21 07:33:33 · answer #7 · answered by Wishee 4 · 0⤊ 0⤋
definite human beings can report for divorce for psychological affliction. in case you have anger subjects, and are apt to coach call-calling, 3 weeks isn't sufficient time spent to get better. i wish you will proceed some form of scientific care that should assist you with this (and likewise for help contained in direction of the divorce -- you may choose the help). Your quickly-to-be ex spouse's little ones at the instant are not your little ones, so which you would be able to't report for custody of them. No.
2016-12-17 14:50:19 · answer #8 · answered by schecter 4 · 0⤊ 0⤋
First you cant be forced to remain married to someone. The problem now is that he essentially committed adultry and has a child out of wedlock. The courts wont look kindly upon that. He needs to get a good attorney.
2006-08-21 08:17:58 · answer #9 · answered by Stewiesgal 3 · 0⤊ 0⤋
I can't imagine that you live in a state without no fault divorce, but if you do or don't,, an attorney can get the divorce, sounds like he is feeding you bull.
2006-08-21 07:27:49 · answer #10 · answered by yeller 6 · 0⤊ 0⤋
Yes, he can get a divorce. Your friend needs to file yet again, have his wife served, let to go to the judge. Medation may be required but he can explain to the medarator about the situation and they will help him get his DIVORCE.
2006-08-21 07:31:15 · answer #11 · answered by eeyore6838 5 · 0⤊ 0⤋