QUESTION
Can my husband finish divorce process by himself while I am in a different country?
Asked on Nov 04th, 2012 on Divorce - South Carolina
More details to this question:
While we were traveling to my country, he just left to USA and ask me a divorce. I basically donโt want a divorce, but seems like he can file and finish the process without my signature. He does not allow me come back home unless I pick up my stuff and leave for my country. What should I do?
5 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Get an attorney and ask the court to have him pay towards your attorney fees. Yes he can finish the divorce without you if you were properly served. You probably have rights to part of his retirement, 1/2 the bank account balances when you left and maybe more.
Answered on Nov 06th, 2012 at 3:58 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
You should hire an attorney immediately.
Answered on Nov 05th, 2012 at 5:08 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Get an attorney. He not come back to country without not having completed the divorce without you once he knows you have been properly served with petition and summons saying you have 20 days to file a response.
Answered on Nov 05th, 2012 at 5:07 PM
If you have been served with divorce papers you need to file a response so that your husband cannot proceed to a divorce without your involvement. If you have not been served, he has to serve you with those papers to proceed. So, if you have been served I urge you to take immediate action to protect your position in the case.
Answered on Nov 05th, 2012 at 5:00 PM
Family Law Attorney serving Bluffton, SC
at
Peacock Law Group of the Lowcountry, LLC
Update Your Profile
So long as you comport with all applicable laws and regulations regarding immigration, there should not be anything keeping you from returning here, in South Carolina. You certainly should try to be present for any Court hearings regarding your divorce and you have the right to respond in writing to any pleadings filed and served upon you. You should consult with an attorney in this area as soon as possible prior to taking any action and/or inaction in regards to this matter.
Answered on Nov 05th, 2012 at 4:54 PM