same as above, by law do both people need to file to prevent the divorce from happening or does one overly possesive partner have the ability to prevent it from going through if he or she has a change of heart?
2007-09-04 09:21:08 · 11 answers · asked by jpache04usmc 1 in Family & Relationships ➔ Marriage & Divorce
I think what you are asking is if someone petitions the court for divorce (called plaintiff) can the defendant file to dismiss.
If that is your question,then no - only the one who filed, the plaintiff, can get their petition dismissed. The defendant can contest it - but when it comes to divorce, all that does is prolong the inevitable.
2007-09-04 09:46:52 · answer #1 · answered by allrightythen 7 · 0⤊ 0⤋
Only one person has to file for a divorce. If one partner wants to contest it they can but in almost all cases the judge will eventually grant it anyway. If the person who filed for the divorce decides later that they do not want it then they just ask for the case to be dismissed. The person who did not file can ask for a dismissal but it isn't very likely they'll get it.
2007-09-04 16:25:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, only one person file for divorce and the papers get sent to the other party for signature. These will then be returned to the first party who lodge it and pay the fee. The other party can withheld the signature and delay the procedure if he/she doesn't agree or wants to make trouble.
2007-09-04 16:25:36 · answer #3 · answered by nadia g 3 · 0⤊ 0⤋
One person files and the other can either respond to the order or not...but you do NOT need a signature from a spouse to get a divorce.
2007-09-04 16:24:54 · answer #4 · answered by Mean Carleen 7 · 0⤊ 0⤋
No they can't stop it, but if they tell the judge they think it can be salvadged you might have to wait a while, but depends on the state your in. Also if they are doing it just to cause problems, document all e-mails, phone calls .....ect... to take to court to show the judge and get a restraining order on top of the divorce.
2007-09-04 16:26:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
only 1 person has to file, but just because someone files for divorce does not mean they will get it, the judge decides if there reason's are good enough
2007-09-04 16:26:50 · answer #6 · answered by CORONA 3 · 0⤊ 0⤋
generally, if the parties do not agree on the divorce, or on the details of the divorce settlement, it is a CONTESTED divorce and it proceeds in court. It takes longer usually, but one party cannot normally completely derail the proceeding unilaterally. divorce laws vary state to state.
2007-09-04 16:26:18 · answer #7 · answered by dhdaddy2003 4 · 0⤊ 0⤋
1 person has to file.... both people have to agree & sign the decree... if one does not sign - the judge can force the divorce if need be - but the negociations can go on & on & on for years if need be
2007-09-04 16:26:12 · answer #8 · answered by T. 6 · 0⤊ 0⤋
In most states both need to agree on this issue, the best way to fine out: call the court clerks office and ask them.
2007-09-04 16:28:56 · answer #9 · answered by zipper 7 · 0⤊ 0⤋
My parents just got a divorce and I'm pretty sure both of them have to...
2007-09-04 16:28:16 · answer #10 · answered by nagrom9319 2 · 0⤊ 0⤋