QUESTION
What do I need to do if my spouse and I have been separated for five years and I want to get a divorce?
Asked on Nov 05th, 2012 on Divorce - Michigan
More details to this question:
There are two minor children involved and he does not see them on a regular basis.
18 ANSWERS
Get an attorney and file for dissolution of marriage.
Answered on Jun 13th, 2013 at 1:17 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced divorce attorney.
Answered on Jun 13th, 2013 at 12:47 AM
Dennis P. Mikko
You would need to file a complaint for divorce, have a summons issued and have your husband served. The divorce process would then proceed to conclusion resolving issues of custody, child support, parenting time and property division.
Answered on Nov 09th, 2012 at 5:49 AM
Divorce for Men Attorney serving Nutley, NJ
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The Micklin Law Group, LLC
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You can file a complaint for divorce based on irreconcilable differences and/or separation. Pleading a cause of action for divorce based on irreconcilable differences requires the following: Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation. Pleading a cause of action for divorce based on separation requires the following: Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least eighteen or more consecutive months, and there is no reasonable prospect of reconciliation provided further that after the eighteen month period there shall be a presumption that there is no reasonable prospect of reconciliation. Once you file the complaint for divorce in the county in which you reside, you must wait to receive a stamped, filed copy back from the Court. Once you receive a stamped, filed copy back from the Court, you can then hire a process server to serve your spouse with the summons and complaint. You may elect not to hire a process server, as long as the person serving the complaint is an uninterested party, i.e. One not having an interest in the litigation. Once your husband is served with the complaint for divorce, he has 35 days within which to file an answer and/or counterclaim.
Answered on Nov 09th, 2012 at 4:47 AM
Your need to file a divorce action best done with the help of an experienced attorney due to the children.? You and your spouse will be sent to Conciliation at the Friend of the Court [FOC]; if you can't agree on a temporary order for parenting time and custody, FOC will make a recommendation to the Court which will be signed by the Judge subject to objection by either party.? After the statutory 6-month waiting period during which your attorney negotiates with your spouse or his attorney, you can offer a judgment for entry with the court.? There is a short hearing at which you will have to testify to the basic facts (jurisdiction of the court, breakdown of the marriage, etc.) and then the judgment will be signed by the judge and entered by the clerk and then viola! you are divorced.
Answered on Nov 08th, 2012 at 4:53 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File for divorce custody and support etc and have him served. Best to consult with an attorney re what to ask for.
Answered on Nov 06th, 2012 at 11:38 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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File for divorce.
Answered on Nov 06th, 2012 at 10:28 PM
You and your spouse ought to consider Mediation as an approach to divorce. Mediation is Fast, Effective and Affordable. Good luck.
Answered on Nov 06th, 2012 at 10:09 PM
1 Award
You can file a petition for divorce and ask for an immediate divorce as you and your husband have lived separate and apart for more than 1 year.
Answered on Nov 06th, 2012 at 10:09 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to file for divorce. It would be best that you at least consult an attorney in the state where you live face to face to learn more about your options based an attorney's opportunity to discuss all the relevant facts.
Answered on Nov 06th, 2012 at 5:16 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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All you have to do is to file for a divorce. Call your local Family Courthouse and ask them for help or consult with an experienced Family attorney in your community.
Answered on Nov 06th, 2012 at 4:38 PM
You still have to file a petition in the county in which you have been a resident for at least three months, have him served with the paperwork and go from there.
Answered on Nov 06th, 2012 at 4:38 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You will need to file a complaint for divorce and follow the process to the final Judgement of Divorce. All issues including support and property settlement will be determined and made part of this Judgement.
Answered on Nov 06th, 2012 at 4:38 PM
In reply, you need to file a Divorce Petition. There is no charge for this service, until you actually file the Petition, then a $20.00 will be added to the Court's filing fee for the duvorxe action. If you need additional assistance, there are several good Family Law attorneys who can assist you at a reasonable cost.
Answered on Nov 06th, 2012 at 4:37 PM
You can file a petition and have him served to get the dissolution started. You should consult a family law attorney or facilitator to review all of the issues and assist you with the proper paperwork to ensure that all issues are dealt with.
Answered on Nov 06th, 2012 at 4:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can file for divorce. He does not have to agree.
Answered on Nov 06th, 2012 at 3:56 PM
Theodora B. Fader
You would file a divorce action just as in any other case. It is important for you to discuss all of the facts of your case with an attorney so that you will have some idea as to the potential outcome of your case. to us.
Answered on Nov 06th, 2012 at 3:55 PM
Family Attorney serving Bellevue, WA
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Goddard Wetherall Wonder, PSC
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A divorce in Washington state is initiated by the filing of a Petition for Dissolution of Marriage. As part of your dissolution proceedings, you will present requests to the court for a parenting plan that addresses the father's lack of involvement, and will also get a child support order so that he supports his children (even if he chooses not to see them).
Answered on Nov 06th, 2012 at 3:55 PM