Sentences with phrase «filing spouse»

I do have people walk in off the street, generally wanting me to snap my fingers, pick up my red phone to God and reverse the divorce filing their spouse made yesterday (I'm not kidding).

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Faced with a blank schedule and a house, located in another state, titled to an estranged non filing spouse, in which the debtor may have a claim under the marital property laws of California, the rookie bankruptcy lawyer froze.

What is important is that the non-filing spouse will need to sign a waiver acknowledging the plans of the filing spouse to declare bankruptcy.

A concern some may have that may seem more significant in this case is whether or not a lender will loan the non-filing spouse the money to buy a house, especially if they get wind of the filing spouse's bankruptcy.

However, if the defendant does file a response to the filing spouse's (the plaintiff) complaint, the court will set a trial date for the case as a civil action.

Once a complaint and summons are filed with the court clerk, the filing spouse must give a copy of these documents to the other spouse, known as service of process, typically through a private process server or certified mail.

The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court.

Fault - based grounds require the filing spouse to prove to the court that the grounds exist.

The filing spouse must make reasonable efforts to locate the spouse before filing this motion and include verification from a process server that attempts were made to locate the defendant.

It is best if both spouses appear at the divorce hearing in case of mistakes in the forms; however, only the filing spouses appearance is required to appear.

Instead, the filing spouse must claim «irretrievable breakdown» or «irreconcilable differences.»

This, of course, is not an option if the filing spouse doesn't know where the other spouse is.

The court can grant the default divorce, typically based on the filing spouse's petition, since the responding spouse did not respond.

Instead, the filing spouse can file for divorce based on another of Ohio's grounds.

Once the filing spouse serves the divorce petition on the responding spouse, the responding spouse must file an answer with the court.

Arizona's waiting period begins with the date the filing spouse serves the divorce petition on the other spouse.

If the filing spouse is still determined to end the marriage after the conciliation period, she can.

If the filing spouse properly serves the other spouse, called the responding spouse, with the divorce paperwork, the responding spouse has 20 days to respond to the petition if he lives in Arizona or 30 days if he lives outside Arizona.

If the spouses live in separate counties, the filing spouse should file in defendant's county of residence.

The responding spouse can sign an Acknowledgment of Service, a form that indicates the responding spouse agrees that he received the papers, or the filing spouse can hire a process server to deliver the papers to the responding spouse.

The Bill of Complaint must state that one or both spouses have resided within the state for at least the past six months, that the filing spouse wants a divorce and the reason, or ground, for the divorce.

To be eligible to file for divorce in South Dakota, the filing spouse, called the Plaintiff, must be a resident of the state.

The filing spouse must serve the responding spouse with the complaint and other forms after he files them with the court.

Ohio permits spouses to divorce based on the no - fault ground of separation for at least one year, so a filing spouse can obtain a divorce after living separately from her spouse for at least a year.

The filing spouse must serve her spouse with the Form FL - 300 and other divorce paperwork, even though he is in jail.

If the jailed parent does not respond to the request, the court will likely grant the filing spouse's request for sole custody.

If a filing spouse can not provide sufficient proof, the judge can not grant the divorce.

a Default Divorce, where one spouse never responds to the filing spouse's complaint.

Fault - based divorce grounds require the filing spouse to prove that her spouse did something wrong to destroy the marriage.

The court judges reconciliation based on whether the filing spouse intended to end the marriage — or not to — during the separation period.

For example, a spouse's gross neglect can be grounds for divorce, but the filing spouse must prove the other spouse failed to meet his spousal obligations of respect, fidelity and support, which may be evidenced by a failure to provide financial or emotional support, or engage in sexual relations.

The filing spouse is responsible for providing the Acknowledgment of Service or other proof of service to the court.

If he does not respond within that 20 - or 30 - day period, the filing spouse can ask the court for a default hearing after the 60 day waiting period is complete.

When one spouse files for a divorce, the other may begin harassing the filing spouse with threats, constant phone calls or even violence.

If the filing spouse and responding spouse agree to the terms of their divorce, the divorce is said to be uncontested.

In the petition, the filing spouse must state her grounds for divorce, such as incompatibility, and the relief being sought, which may include property, alimony, child support and custody.

Even if the filing spouse can not prove fault - based grounds, she can not be forced to stay married.

During a divorce, the filing spouse must file Form FL - 300, a Request for Order, to obtain sole custody.

After filing the divorce paperwork with the court, the filing spouse must serve the petition on her spouse.

The filing spouse must complete service of process on the receiving spouse, which means serve him or her with copies of the complaint and all other documents submitted in the initial filing with the Clerk's Office.

Most states require that the filing spouse have the other spouse personally served with the divorce paperwork, which typically includes both a summons and complaint.

Ohio also has several fault - based grounds available, but fault grounds require the filing spouse to prove the grounds exist should the other spouse dispute them.

The filing spouse serves the divorce documents upon the opposing side.

This will allow the filing spouse to become debt - free while the non-filing spouse may become obligated on the remainder of any joint debts (effectively forcing them to file bankruptcy on their own).

The filing spouse is called the plaintiff; the other spouse is the defendant.

In a default, or unanswered, divorce, the judge usually grants the divorce in the filing spouse's favor, approving some or all of the requests made in the complaint.

When only one spouse files papers in a divorce action, the court may grant a default divorce judgment generally on the terms requested by the filing spouse.

The filing spouse is called the petitioner; the other spouse is the respondent.

Because annulment is a complicated claim to make, the filing spouse should seek legal assistance.