QUESTION
Can I still file signed divorce papers a year ago?
Asked on Jun 01st, 2013 on Divorce - California
More details to this question:
I wanted to know if I can file my own papers I signed some my husband printed up and he never filed them. I want my name back and I want to file on the grounds of adultery. He has lived with his girlfriend for the past two years..
6 ANSWERS
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The documents can be filed, but you have to schedule a hearing to have the documents incorporated into a judgment of divorce. The agreement you signed may have some independent legal significance regarding financial matters, but your divorce cannot proceed without a court hearing. I suggest you contact the court clerk to determine the process for filing and scheduling a hearing date that will require both of you to appear and agree that the matter should proceed as an uncontested divorce. If your husband refuses, then you must proceed as a contested matter. You should consult with an attorney, who can review the document you both signed to determine its enforceability outside the court process. Good luck.
Answered on Jun 04th, 2013 at 2:43 AM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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Only if your spouse is still in agreement with them. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.
Answered on Jun 04th, 2013 at 2:43 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You probably need to prepare new documents and file again.
Answered on Jun 04th, 2013 at 2:43 AM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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In North Carolina you don't need grounds for divorce and actually there isn't really a claim per se for "adultery". Marital misconduct is but one of the many factors that can be taken into consideration by a judge if one files a claim for alimony. I am not sure what papers you signed a year ago - was it a separation agreement or the complaint for a divorce?. If it was the complaint for divorce, first that would have needed to be signed in front of a notary. If it was but never filed, that is probably too long ago to try and file it now. If it was an actual separation agreement, that doesn't need to be filed and that is already a valid contract in place. Based on the uncertainty of what you actually signed last year plus the fact that you may have rights to alimony, you really need to consult with an attorney because there is a proper way to include that in a lawsuit and you may also lose certain rights if you file for divorce only without including alimony in there.
Answered on Jun 04th, 2013 at 2:42 AM
You don't need grounds in California other than irreconcilable differences. Simply prepare your papers and have him served by a non-relative who is over 18 years of age.
Answered on Jun 03rd, 2013 at 10:41 PM
You should file your own paperwork. Summons and petition. The only grounds to choose from are Irreconcilable Differences or Incurable Insanity.
Answered on Jun 03rd, 2013 at 7:52 PM