QUESTION
Why can't a person file a no fault divorce by themselves?
Asked on Jan 09th, 2013 on Divorce - California
More details to this question:
I am on very limited income and need to get out from this verbally abusive man I married 21 years ago. He will not give it to me unless I put Adultery in the paperwork. We have been separated for 6 years now and I want out. Is there anything I can do without attorney fee?
12 ANSWERS
There is no reason not to file now.
Answered on Jul 17th, 2013 at 12:49 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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In WI you can file and receive a divorce without a reason and without his approval. You will have to stay up on your case after filing to make sure it moves forward
Answered on Jul 17th, 2013 at 12:48 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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In California, no reason except that the marital relationship has broken down is required. California is also a no fault state, therefore adultery has no reason to be discussed or disclosed in the case, even if it did happen. If you live in a state that must find fault, then you should discuss the implications of admitting to fault in the marriage with a local attorney who can make sure you understand how to get you the best divorce possible.
Answered on Jul 17th, 2013 at 12:46 AM
Steven D. Dunnings
Yes.
Answered on May 28th, 2013 at 12:39 AM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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You have the constitutional right to represent yourself in court. Your question denies the existence of that right.
Answered on Jan 15th, 2013 at 11:23 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You can file for divorce on your own, but that is not wise.
Answered on Jan 14th, 2013 at 7:34 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. First you should know that adultery is entirely irrelevant in a Wisconsin divorce. The only ground for divorce is that the marriage is 'irretrievably broken' Translation: the petitioner wants a divorce. Some counties have clinics to help people fill out printed forms for divorce. Call your Clerk of Court and see if there is any such program in your county.
Answered on Jan 14th, 2013 at 7:21 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Arizona is a no fault state so you do not have to allege adultery in the paperwork. You can file a petition for dissolution yourself. Your husband would then need to be served. If he fails to respond, you can apply for default and ask that the judge enter all orders based upon what you put in the petition. If your husband files for divorce, then you will have to either work out the terms through a consent decree or go to trial and ask the judge to enter orders. Either way, you can get a divorce without your husband's agreement and without alleging adultery. In fact if you allege adultery, or he brings it up in court, it more often than not will reflect negatively upon him (not you).
Answered on Jan 11th, 2013 at 12:32 PM
You can file the dissolution by yourself and he need not cooperate with the action. You only need to be able to personally serve him with the Petition.
Answered on Jan 11th, 2013 at 11:49 AM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Yes you can file a no fault without putting adultery in the pleadings
Answered on Jan 11th, 2013 at 11:20 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can try and file on your own. Some courts have documents to assist you.
Answered on Jan 11th, 2013 at 11:09 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Go to the courthouse, buy a package of forms and follow the instructions. Also buy the package to get a hearing for spousal support.
Answered on Jan 11th, 2013 at 11:08 AM