We've been married for 10 months, and really own nothing together. I don't want the divorce but he does. He say he got married too young and we have nothing in common etc. I don't believe in divorce (unless certain reasons) and want us to work out naturally. There is no grounds for divorce, though I do have a suspicision of his fedelity. Anyway, I guess those details are unimportant to my question. What should I expect as far as legalities? Can I contest? How long does this take? What exactly is the process?
2007-08-16 10:50:06 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You can contest, but from the sound of it, you're better off just granting him the divorce. If he is the one filing, he will have to state the grounds and hire an attorney & all that stuff. I've been in your shoes. My ex filed for divorce on the grounds of insupportability. I never called an attorney, signed a paper or even appeared in court, and it was all over in 60 days. My advice is to chalk it up to experience and get on with the rest of your life. I'm now married to an amazing man and am incredibly happy.
Let HIM use HIS time & money if he wants the divorce so badly...
I am sorry you are in this situation...Best of luck to you!
:)
2007-08-16 11:00:12 · answer #1 · answered by ♥uuɐuuǝɾ♥ 4 · 0⤊ 0⤋
You have my simpathy for having to suffer such an abrupt end to what should have been the source of life's greatest blessings.
The divorce process has three main divisions. First is the termination of the marriage itself. The second is the division of property. The third is the custody and maintenance of the children. Since you have already stated that there are no children or any joint property to worry about, then all you need to process is the status of marriage. Usually the court clerk can give you a divorce packet of forms for a fee. You can fill those out with the help of a legal aid clinic. There should be one in the metropolitan area near you. Basically, one of you will file, let it be him. The other will have to answer or simply agree and let the process follow. The court will require a financial statement of income and expenditures for each of you for the purposes of determining spousal support. You would be well advised to prepare a Marital Settlement Agreement putting forth your mutual agreements for terminating your marriage, including the division of property, like furniture, pets, cars, etc. You can make a statement of agreement about spousal support in an amount certain or a waiver thereof. When that is all filed, you also file a form proposing judgment. The judge will sign it if all looks reasonable. In California, the divorce does not become final until at least six months after the original filing.
Before you go through with this, see if you can't convince him to go to counseling with you. Tell him that you want the marriage to work. My wife and I have been married for over 33 years. It does not come easily. We are committed to each other and make a conscientious effort to work with each other, to understand each other and put the other's needs above our own. That is what creates love, the caring and sacrificing for each other. Please try it and get him to try it also.
2007-08-16 11:17:21 · answer #2 · answered by rac 7 · 0⤊ 0⤋
I am heartbroken to hear your story and may Allah help you to move on with your life successfully if you are sure divorce is what you want. Just remember, divorce is one of the worst things to Allah. However, your story is very complicated and I agree that divorce is necessary here. Talk to your parents, or get a lawyer. Getting a divorce is not that difficult these days. But then again, you have a child so maybe he wants custody? And if you have one in your stomach, then I've once heard you cannot divorce while you are pregnant. “O Prophet! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah ” [al-Talaaq 65:1] What this means is when they are pure (not menstruating) and you have not had intercourse with them. This is what the scholars have said about divorcing them at their prescribed periods, they should be pure (not menstruating) and you should not have had intercourse with them, or they should be pregnant. This is what is meant by divorce at their prescribed periods. End quote from Fataawa al-Talaaq, p. 44 If you need to talk, e-mail and I can find more information for you or can find a way to help you in anyway I can. Fi-Aman Allah.
2016-05-20 16:43:06 · answer #3 · answered by juanita 3 · 0⤊ 0⤋
look into a legal assistance building - there is usually a paralegal (not quite a lawyer) who can get the paperwork done for you for a few hundred bucks.
Plus there is a Filing Fee.
You'll begin the process (with the help of the paralegals) and there is a waiting period in most states. Once the waiting period is over you do the formal Filing and wait around for it to get approved.
My marriage lasted just over a year, we used a Paralegal.
Total Cost was about $800
(we had no children or belongings to divide)
2007-08-16 11:01:31 · answer #4 · answered by All-American Princess 2 · 0⤊ 0⤋
As far as the process is concerned allow him to do all of the dirty work. All you have to do is not contest it. But since you both have only been married for 10 months there may be an opportunity for an annulment instead of a divorce.
2007-08-16 16:26:51 · answer #5 · answered by Mike Ologee 2 · 0⤊ 0⤋
Here is an excellent resource for you
2007-08-19 03:14:11 · answer #6 · answered by dorwin29 3 · 0⤊ 0⤋