Do you give your spouse a copy of the divorce papers before their files?
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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.
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.
Do I have to get divorce in the same state I got married?
In theory, you and your spouse may divorce in either state in which one of you resides. The majority of states require that a spouse reside in the state before filing for divorce in that state. Proof of residency may be required, and some states require six months of residency, while others require a year.
Can my husband and I file for divorce together?
A joint petition for divorce allows both spouses to file for divorce together. The husband and wife petition the court together with paperwork that is signed by both parties. The divorce proceeds with both parties in agreement that no one is at fault.