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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-21-2014, 04:46 PM
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Default Legal Grounds to Contest a Divorce?

Here is the low down...short and sweet.


August 2010 left matrimonial home.
October 2010 Court started
July 2012 Final Court order for support and debts made
Jan 2014 file for divorce as I want to re-marry.


what can she do to contest the divorce? Cause I know she will...a woman scorned.....
Will I be granted divorce if there is nothing left to settle?
Please help. Fiance won't stop crying.
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Old 02-21-2014, 04:55 PM
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When I filed for divorce, I was the plaintiff and ex was the defendant. He had 30 days after he was first served papers to respond (register his objections to the divorce at the court). When he didn't respond, the case moved on to the judge, who (eventually) issued a final divorce order. He then had 30 days after the order was issued to appeal it.

I believe that if your ex didn't respond when she was served with papers, her next chance is in the 30-day window after the judge signs the divorce order. If you already have a final order, I can't imagine what grounds the ex would have for appealing the divorce because everything has been agreed on. She can't force you to stay married to her. However, you aren't free to remarry until 30 days after you have a signed divorce order.
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Old 02-21-2014, 09:26 PM
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You need to resolve support and property, or have them severed from divorce.

Sounds like you've resolved support. What about property?
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Old 02-21-2014, 09:34 PM
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I believe I would be considered a "woman scorned."

If you are smart you will keep you current love/fiancée/wife totally out of any and all communication and court proceedings to do with your ex. I mean TOTALLY out of the picture whatsoever.

Do you and your ex have children together?

If you handle yourself 'manly' and deal with your issues honestly and without involving friends and family you will be much further ahead.

I hope I don't have to say "I told you so."

Deal with your business in a 'manly' way. You know what I'm talking about.
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Old 02-22-2014, 03:18 PM
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I need some clarification
I was served
separated 4.5 years
at trial conference stage
can I get a divorce separate from the financials we are dealing with????
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Old 02-22-2014, 07:29 PM
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Quote:
Originally Posted by mememe View Post
I need some clarification
I was served
separated 4.5 years
at trial conference stage
can I get a divorce separate from the financials we are dealing with????

You certainly can sever the divorce from the financials, if

(a) the other party consents

OR

(b) you file a motion and the court so orders.

(a) is the easiest path, and they may understand it is in their interest not to be intransigent. Or not.
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Old 02-22-2014, 11:19 PM
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His lawyer, in serving, said he wants a divorce---but he has never done anything about it. (He was married once before and he now has a girlfriend). I don't know if it is to my advantage, at this stage, to proceed at our trial conferenced with the divorce request. Who pays for the divorce papers? (It would be nice if he finally paid for something) We also have to get a religious "divorce" ---and that will also cost.

I can't figure out why he didn't want divorce papers. I was hesitant to push on the divorce part, thinking stupidly there would be at least a psychological attachment--he might behave better. (that didn't work) Also---why wouldn't he pursue the divorce papers??? (maybe he doesn't want to marry his new girlfriend)

I can't figure any of it out .
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Old 02-25-2014, 11:59 AM
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Final Court Orders can always be changed. Support was from two years ago -- could be up for review.
If you have children, access could be changed.
Without knowing your case, there are lots of topics that could be contested. Whether she'd be successful or not is another matter.
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Old 02-25-2014, 03:12 PM
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Manly? I have to wonder if we are doing ourselves a favour or are doing ourselves an injustice when we use gendered words such as this....
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Old 02-25-2014, 04:49 PM
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yes --I am a female----and it is the hubby who is being the ......
his doing nothing ---has cost me a fortune

Still the question of divorce--

he served me saying he wanted a divorce
both our settlement offers say divorce
I bet he wouldn't agree-thinking it is another dagger and opportunity for non-compliance

Is there any cost for the divorce part only?

Has anyone put in their settlement that the man must agree and pay for half the
"get" (jewish divorce)>
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