Yes the othe spouse must be made aware of the impending divorce. How quickly depends on if the couple has joint property, bills, and children. When I divorced my daughters father from the date the papers were filed until the court date was 3 months {enough time for the parties to change their minds} My friend however divorced hers in 2 months, just depends on the state laws. You can however divorce your spouse even if they do not want the divorce, but yes they need to be informed of the divorce request prior to the final judgement.
2006-12-09 06:32:38
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answer #1
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answered by texas_angel_wattitude 6
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The spouse does not need to be aware before you file. Only one person does that part. You can have the motion set into play before it is sprung on him or her. I found out when I got served at work on my freaking birthday!!! They will have to be served, though, by the court so that they can appear in the hearing part... They will know by then :) As for getting it done quickly, that can all depend. I know people that were done in in just a couple months, but I also know someone (my mom and stepdad) who filed almost 6 years ago and are no further now than they were then. It will depend largely on your children, if there are any, and your property settlements. For speed, many find it better to sell out and split profits, or for one party to willingly walk away with nothing... If you want to fight over who gets the house, expect to add years to your divorce. The more argumentative you are, the longer this will take. On the other hand, giving in to everything to get it over with just might leave you homeless owing half your paycheck as childsupport and the other half as maintenance... Stand some ground, but don't be unrealistic. Best wishes in your new life!!! â¥
2006-12-09 14:38:23
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answer #2
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answered by ♥ Butterfly ♥ 4
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You sound like you come from outside the US, in which case,you will first have to become a US citizen and fulfill a states requirements for residency before you can even think about a divorce. You can get a missing spouse divorce but it will take time since your spouse is probably out side the country and all steps to locate him will have to be exhausted first. So all in all, your divorce could take more time to accomplish then normal. So under our law and due process of it, your spouse will have to be notified of such action.
2006-12-09 15:13:29
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answer #3
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answered by Arthur W 7
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Yes the spouse has to be aware, they have to be given a chance to "answer" or contest the charges in the divorce. They have the right to know WHY the divorce has been drawn up against them. Depending on the type of divorce (if it is contested or not) it can take anywhere from six months to six years to be final. I suggest you seek a lawyer first.
2006-12-09 15:38:51
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answer #4
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answered by Anonymous
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It depends on what state you live in and what the laws are.
Generally, though, you can file with the court; she doesn't need to know prior to that, but obviously once she's served with papers she'll know. There can be a court hearing if she wants to contest it. In some places if you are in agreement, it can be quick.
If children are involved, it's usually a longer process. Some states require you take child impact seminars before they'll grant a divorce.
No kids, and simple property division, and not contested, then it can just be a matter of weeks (not sure it could be days). If she wants to contest it, though, or brings up property settlement issues, it can be a lot more complicated.
2006-12-09 15:01:41
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answer #5
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answered by T J 6
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The spouse is always given an opportunity to contest the divorce and to give reasons and demands for settlement.
2006-12-09 14:55:45
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answer #6
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answered by GrnApl 6
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In Alabama, if it is uncontested, it can take up to six weeks. The other party will have to know about it, because they have to sign the papers. If they don't sign the papers I am told the judge will automatically sign off on it in about 2 years.
2006-12-10 03:18:28
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answer #7
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answered by Anonymous
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yes you must place a ad in a new paper then bring that back after 30days to the court and this is funny its dont have to be in her home town any new paper good luck
2006-12-09 14:37:14
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answer #8
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answered by nightman122554 4
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