Can I file for divorce if my spouse already filed?

Can I file for divorce if my spouse already filed?

Usually, the person who filed the second case will ask the judge to dismiss it, and the divorce will proceed in one court only. Usually when two spouses file for divorce in two different counties or states, the spouse who files first can succeed in having the other spouse's case dismissed.

Can a spouse take everything in a divorce?

The unfortunate reality is that he/she may certainly try to take everything, or at least an unfair share. The rule is that the community property must be divided 50/50, according to “no fault” principles. Each spouse has a fiduciary duty to disclose all assets (and income, expenses and debts).

Can my spouse stop me from getting a divorce?

If you have been separated for 5 years you are entitled to apply for divorce, even if your spouse does not consent. Your spouse can only oppose the divorce if they can argue that ending the marriage would result in serious financial or other hardship.

All states require that you give a reason in your petition for ending your marriage. Every state now has a "no-fault" divorce, meaning that you do not have to prove someone was at fault in order to obtain this. Your spouse generally cannot contest this type.

Do you have to file for divorce if your spouse dies?

In most cases, the court does not grant a divorce after a spouse passes away. Because a marriage ends when one spouse passes away, a divorce is not necessary. The survivor is a widow or widower. However, in other states, the probate court assumes jurisdiction of the matter to handle the deceased spouse's estate.