Can you file divorce if your spouse already has?
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Can you file divorce if your spouse already has?
Not really as there can only be one decree of divorce. Usually it will be one spouse who wants to divorce and they who will be the one who files for the divorce and as the Petitioner it would be that party who would progress the divorce process forward.
What do I do if my husband won’t sign a separation agreement?
The Court can grant a divorce order, even if the spouse refuses to sign any documents. However, it still must be proven that the spouse was served the Application for Divorce by completing an Affidavit. Our divorce lawyer advises that you must fill in this form correctly, or risk having to serve the spouse again.
How do you get a divorce when you can’t find your spouse?
If you do not know the whereabouts of your spouse you can apply to the Court for substituted service or dispensation of service as long as you can show the Court that you have made attempts to contact your spouse.
Can a spouse be charged with abandonment?
What Is Considered Marital Abandonment? Legally, an individual is required to take care of an ailing dependent spouse or any minor children. If the spouse leaves the family and is unreachable or refuses to take care of the family financially, this can be considered criminal spousal abandonment.
