What if my spouse filed for divorce first?
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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.
Can you legally steal from your spouse?
During the course of a marriage, one spouse may steal an asset that the other spouse considers to be his or her own property. Whether the victimized spouse can sue the other spouse for theft depends on a number of factors. State law largely determines this issue.
Can a spouse be forced to sign divorce papers?
There is no need for your spouse to sign the petition; however, you will probably be required to serve your spouse with the petition in person. Spouses often refuse to sign divorce papers because they are uncomfortable with the language used and accusations made as part of a fault divorce.
Does a spouse have to sign off on a 401k?
401(k) Plans A prenuptial agreement can't take the place of a waiver; the law says the spouse (not soon-to-be-spouse) must sign. A spouse who does sign a waiver can withdraw that consent if the other spouse later names a different beneficiary, unless the signing spouse expressly gave up that right. (IRC ยง 417(a)(2).)
