Sentences with phrase «not proceed with a divorce»

You can not proceed with your divorce until you have fulfilled your state's service requirements.

Not exact matches

It is an asset that may be transferred by law to someone (such as a deceased partner's heirs, or to the partner's ex-spouse in a divorce proceeding) that you don't want to be partners with.

This can hurt anyone who might need to access their funds soon — either to split in a divorce proceeding, roll out for living expenses (not a good idea but still sometimes necessary), or who have left one job and have a narrow timeframe in which to do something with their 401k.

Alternatively, you could simply advise the Court that although you disagree with some or all of the allegations in the Petition, you do not wish to defend the action, which would allow the divorce to proceed.

If the divorce claim is proceeding on an uncontested basis, once the spouse is served with the Application for divorce and does not respond, the subsequent steps are taken without the participation of the other spouse.

Legal separation offers advantages for couples that are faced with irreconcilable differences but not prepared to proceed with a divorce.

It is important to note that the parties may opt to prepare their own moving papers or, oftentimes, a couple doesn't consider mediation until long after they have filed for divorce and have already prepared their moving papers.It is ultimately up to the parties to agree upon how they proceed with the actual filing for divorce.

See Mass Bar Ethics Opinion No. 85 - 3 - Summary: «An attorney may, in certain circumstances outlined, act as a single mediator or as a co-mediator with a lay family counselor in divorce mediation, provided that the attorney takes certain precautionary steps, including explaining to the parties that the attorney is not representing either party, explaining the risks of proceeding without independent legal counsel and obtaining the informed consent of each party.

If the spouses can not agree how to divide property and debts, they will proceed with a contested divorce, and eventually the court apportions these things equally.

I understand the decision to divorce is not an easy one but once it is made, the choice on how to proceed with your divorce is up to you.

Regardless of where a couple is at in considering whether to separate or proceed to divorce, it does not hurt (and usually helps immensely) to have a consultation with a professional Mediator.

Proceed with your divorce if your spouse files paperwork within the established response period or does not respond in the allotted time.

Once you have fulfilled the court's publication requirements, if your spouse has not come forward, the court will allow you to proceed with the divorce without your spouse's signature or participation.

Depending on the circumstances, an abandoned spouse may have to comply with a few additional procedures if she can not find her spouse to notify him of the divorce proceeding.

If you do not have a written Agreement, you may not be able to proceed with a simple uncontested divorce.

If your spouse simply chooses not to respond to your divorce petition because he doesn't want the divorce, you can proceed with a default divorce as soon as 30 days after you served him.

Even if the convicted parent is not incarcerated, state family courts assessing child custody in a divorce proceeding will often presume that a prior felony conviction makes one parent unsuitable to receive child custody, and possibly even visitation with the child.

There's just no room for that in the traditional divorce proceeding, she adds, explaining courts are not equipped to deal with emotions or to offer custom solutions for a couple facing divorce.

While the petitioner spouse must serve the documents, the signature of the other spouse is not required to proceed with the divorce.

When people speak of being legally separated in New Jersey, they may be referring to the fact that they have entered into a written separation agreement governing custody and a parenting plan and support (and maybe even division of property and debt); or where, instead of having the marriage dissolved, the spouses filed for separate maintenance (a type of support proceeding in New Jersey that results in the entry of a support order but not dissolution of the marriage) or for divorce a mensa et thoro (divorce from bed and board) that allows the parties to live separately while still remaining married (which some spouses wish to do for religious reasons or, where the insurance plan allows it, to continue with health coverage through the other spouse).

Courts in Illinois will divide only marital property in a divorce proceeding; non-marital property remains with the spouse who owns it and will not be affected by the divorce.

(1C) Notwithstanding subsection (1B), if the court is satisfied that there are special circumstances by reason of which the hearing of an application for a divorce order in relation to a marriage should proceed notwithstanding that the parties have not considered a reconciliation with assistance of the kind referred to in subsection (1B), the court may:

If you or your spouse have been contemplating divorce, but you don't want to get caught up in a messy divorce proceeding, you may want to speak with an attorney that handles collaborative divorces.

Divorce hurts, but falling out of love doesn't mean you shouldn't still proceed in separating with kindness and understanding.