What happens when one person wants a divorce and the other doesn t?
What happens when one person wants a divorce and the other doesn t?
The truth is that if one person wants a divorce, it can happen. The court needs to agree to grant the divorce, not the other person in the marriage. As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it.
Do you give your spouse a copy of the divorce papers before their files?
In all states, the spouse asking for a divorce must file a divorce petition (or complaint) with the local court and complete “service of process,” by making sure the responding spouse receives copies of the divorce paperwork. In most states, the answer is no, you may not deliver your own divorce papers.
Do both parties have to sign divorce papers in Alabama?
When just one spouse files a complaint for divorce, they are required to “serve” the paperwork on the other spouse. If the divorce is amicable, the other spouse can just sign for the paperwork at the courthouse, which will speed up the process.
What if my spouse filed for divorce first?
If you file first, you control when the divorce gets filed. You can decide to cancel the divorce, as long as she hasn't filed a response. You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant.
