i think iam stuck...i want an divorce?? n he said no....i asked 4 1 five yrs ago he said no...now i just can take any more...the cheating n the lien...his attuide..i just cant take any more..the kids are all grown ..we have an bank account that join that only have $3 in it ...an house thats worth $550,000 in thats it, and everything else is seprated....he dont want 1..now he locked up...n i ready 2 leave...what should i do?? n can i divorce him even if he dont want it???
2007-12-11 05:33:13 · 16 answers · asked by corey g 1 in Family & Relationships ➔ Marriage & Divorce
yes its legally called abandonment and is a felony. just get a lawyer to argue on your behalf
2007-12-11 05:36:00 · answer #1 · answered by Anonymous · 0⤊ 2⤋
In most states, one party, acting alone, can bring about a divorce. Often, if the parties agree to the divorce the waiting period is shortened to, say, 90 days. If only one party wants the divorce, they must often be separated for a longer time, typically a year. Most states have laws that attempt to insure that the other party at least knows about the divorce proceeding and can participate in the process. In many states, both parties have to participate in the court process before the court will divide the property. Sometimes, the trial to divide the property occurs separately from, and later than, the trial to grant the divorce.
2007-12-11 05:42:44 · answer #2 · answered by JAIRO V 1 · 0⤊ 1⤋
Actually, you can get your divorce anytime, just move out and then when you are allowed by your state law file for divorce. However, getting alimony may be a problem. If you move out, you will probably lose it. The house will be most likely split 50/50. If you can prove the cheating, then alimony is easier to get. Find yourself a lawer - that's where you start a divorce.
2007-12-11 05:39:38 · answer #3 · answered by Tusia 4 · 0⤊ 1⤋
You can file anytime you want. He can choose to contest it, which means you will have a crap fight in the courts. How badly do you want out? Know that he doesn't have to sign divorce papers until he gets everything he feels he deserves and that is within the law. Get an attorney and start the ball rolling. Eventually he'll cave when he sees his money getting sucked out of the bank due to attorney fees. Good luck to you!
2007-12-11 05:36:59 · answer #4 · answered by Marina 7 · 1⤊ 1⤋
There is no requirement that a divorce be a mutual thing. All you have to do is file the paperwork. I would advise at least consulting a lawyer.
About the only advantage to a mutual divorce is it can make everything go smoother.
2007-12-11 05:37:54 · answer #5 · answered by Justin H 7 · 1⤊ 1⤋
Yes...its called a contested divorce and its much more expensive than an uncontested divorce...but eventually the courts will decided who gets what and will grant the divorce. Contact a lawyer.
2007-12-11 05:38:04 · answer #6 · answered by gypsy g 7 · 1⤊ 1⤋
Yes. It will cost more and take longer, but you will eventually be granted a divorce. If he is incarcerated, this may be the best time. It gives you a very valid reason for wanting out of the marriage........
2007-12-11 05:42:06 · answer #7 · answered by ? 6 · 0⤊ 1⤋
Just get a lawyer and they'll serve him with papers....if you want a divorce then there's no room for him to say anything...it doesnt have to be mutual at all. Good luck and happy divorcing!
2007-12-11 05:36:44 · answer #8 · answered by peterson51785 3 · 1⤊ 1⤋
Yes you can, if you can prove infidelity, any judge would grant it. If he is a felon, or if he has a drug/alcohol problem too you can get it without his consent. It might cost a good bit more money. You would possibly have to go to court and tell the judge your story. But don't let him fool you into thinking you can't, because you can. Good Luck.
2007-12-11 05:39:52 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Depends on your state laws (USA). In NY State, if you live completely apart for 1 year, you can get divorced by the courts. Doesn't matter if both agree to it or not.
2007-12-11 05:36:44 · answer #10 · answered by kja63 7 · 1⤊ 1⤋
Check with a lawyer to see if you can file for divorce under “irreconcilable differences.” These can include adultery, abandonment, etc, and it does not have to be mutual.
2007-12-11 05:41:15 · answer #11 · answered by pill_pushr 3 · 0⤊ 1⤋