QUESTION
I have divorce papers that my ex and I signed in 2010 can I still file them?
Asked on Dec 03rd, 2012 on Divorce - Illinois
More details to this question:
We’ve been separated since February 15 2002 and I been with my new boyfriend for 8 yrs and we want to get married.
13 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Sure.
Answered on Apr 11th, 2013 at 1:59 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Yes, you can file them. But, if your ex did not sign a waiver of service, you will have to have him served through the court.
Answered on Dec 05th, 2012 at 9:03 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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See an attorney to make sure you have all the right papers. Forms change all the time and you need to make sure you have the right ones prepared.
Answered on Dec 05th, 2012 at 8:42 PM
You need to file a Petition. Not sure what you have signed but a waiver cannot be signed until after the Petition is filed. File a petition and get a waiver signed.
Answered on Dec 04th, 2012 at 5:20 PM
I can't answer about the papers that were signed in 2010 but I am certain that you have to get a divorce before you get remarried. I suggest you take the paperwork to the court house and talk to the family law assistance desk or to a paralegal to see if your 2010 paper work will suffice.
Answered on Dec 04th, 2012 at 5:14 PM
If the papers were not taken to the Court, it is highly likely that the Court or other party had the papers filed and entered under the Seven (7) Day Rule. Check with the Court Clerk where you live and see if Judgment is entered
Answered on Dec 04th, 2012 at 5:14 PM
Dennis P. Mikko
You may want to update the complaint for divorce before you file. If there is a property settlement contained in the 2010 papers, that is most likely still valid unless there has been a real change in circumstances.
Answered on Dec 04th, 2012 at 5:13 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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I do not know what you mean by "divorce papers." If you have a marital settlement agreement, you can file it so long as your prior case is still active. If you mean an original first paper filing, I suggest you update it. The minimum amount of time for a divorce in California is six months. You can receive detailed information on the process at www.courts.ca.gov
Answered on Dec 04th, 2012 at 5:13 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 can file anytime. You will still have to go to court and have the Judge sign the final Judgement. The length of time since your husband signed the papers may influence this. Consult with an attorney to make sure this process is done correctly.
Answered on Dec 04th, 2012 at 5:12 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Without knowing what "papers" you are talking about it isn't possible to provide an intelligent answer, but the answer is probably "no, you need to start over".
Answered on Dec 04th, 2012 at 5:12 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The court may have dismissed the case because no one presented orders to be signed. You should check to see if the case is still active or has been dismissed. If the case is still active and you have agreed orders, the orders can probably be entered. If the case has been dismissed, you will need to start over. I suggest you hire a lawyer to look at the facts of your case.
Answered on Dec 04th, 2012 at 5:10 PM
Michael Paul Vollandt
In California the answer is yes. Just make sure you get him served before three years elapse from the date of the filing of the dissolution or the Court could dismiss it on its own motion.
Answered on Dec 04th, 2012 at 1:23 PM
The judge will probably ask why haven't you used the papers that was signed two years ago. It is better if we start from scratch. If you would like to discuss your options and you live in IL, feel free to contact our office for a free 30 minute consultation.
Answered on Dec 04th, 2012 at 1:22 PM