Contested And Uncontested Divorce

Question: Changing the Terms of an Executed Non Contested Divorce? My wife and I signed uncontested divorce papers that have been signed off on by the court. She now wants me to sell the house which we agreed that I would maintain (she moved out on her own free will). Can she legally make these changes to filed agreement? it has not yet been the 30 days required for it to be official in Alabama.

Answer: Charlie, Ain't life grand. You answered your own question. She can back out of the divorce agreement under the 30 day rule. You need to contact a lawyer. Hopefully she is just making verbal demands, which you can ignore for 31 days. If she files then she re-opens the whole can of worms. Some friend or family member gave her some free legal advice on how to screw you without kissing you. Good luck.

Question: Divorce Advise- Contested Divorce? I got married in September 2006 in India to a person holding h1b visa and .Here is my situation. I am on H4 and my spouse is on H1 Visa. After coming here in USA, We filed our Green Card ( He is Primary Applicant on EB3 Category with Approved I140), I got the Emloyment authorization Document (EAD). I started working on my EAD but now things are not working between us and I came to know that he got married to me to take ecconomic advantage of me and he used me to pay all his Debt( Credit card and Property).He never loved me. My in laws were keep torturing me and my parents. There were not allowing me to commnicate with my parents in india and if I do, thats nightmare...Till now I was trusting on him blindly and giving all money I earned and He was having total control over all my finances and bcoz of that 1. I do not have any financial security at this moment... 2. He have not renewed my EAD card on time and I lost my job. He cheated me. Based on my limited knowledge, Please let me know what options are available to me. I would like to know following: 1. Where should I file for Divorce : In India or In USA? 2. Should I go for contested or uncontested divorce? ( FYI...To file contested divorce in USA, I do not have money as he used all my earning to pay his debts. Is there any free legal help available in USA for immgrants like me) 3. Can my husband withdraw only my green card application and get my EAD cancelled during the period that the divorce proceedings are in the court? 4. CAn I get some protection from getting my EAD cancelled? 5. If my EAD is cancelled, I will be on H4 visa and therefore will not be able to work. In such a case can I get any temporary work permit to sustain myself during the proceedings of the divorce case and to fight contested divorce? 6. Are there any other visas which I can apply for? 7. If I plan to go to India and file contested divorce there as I dont have ecconomic resource to file it here...Can I do that and how much time does it take in India? Any piece of advice would be highly appreciated.

Answer: Married in India according to Indian Matrimonial laws (Hindu Marriage Act,1954 for Hindu Marriage amongst Hindus) means only the India courts will have jurisdiction to adjudicate for any dispute amongst the parties. Filing for divorce in USA may not be possible as the US courts are firstly not bound by the Hindu Marriage Act,1954,secondly in your case the provision of divorce is possible if you both have been residing for a provided (few months or years as the case may be) period of time in the State where you proceed for the divorce proceedings,thirdly even if you succeed in getting divorce from US court that may not be legally recognised in India if that decree of divorce issued by US court fails to be based on the provision of section 13 of the Civil Procedure Code & various Principles formulated by the Supreme Court of India on this issue. In such case the whole exercise of obtaining the decree of divorce from US court goes waist as again you have to obtain a decree of divorce from Indian court which is possible when you are here in India. As far contested or uncontested divorce is concerned no doubt the uncontested divorce is taking lesser time but it depends on your husband to do so or not. As far in India divorce by mutual consent takes six months time for obtaining the decree of divorce but for that this has to be filled jointly by you both & both your presence will be required for this in India for this form of divorce otherwise if you file for unilateral divorce which your husband fails to contest will require your presence only during the time of recording of your evidence/statement on oath, otherwise you can give power of attorney to someone to attend & get the court proceeding in the case carried on your behalf. As far financial resources are concerned that you require both in India or outside as no lawyer will provide you free legal services in the court case even if you have been here in 'Yahoo answers' provided this legal service free of cost

Question: Can a filed uncontested divorce petition be pulled if the other party wants to change the agreement? My spouse and I came to agreements on division of marital property, assets, and child custody and had a marital dissolution agreement drawn up with everything we agreed too. The documents were notarized and filed with the courts a month ago and there are two more months before the judge will sign the petition and we will be divorced. Now, my spouse wants to change things in the agreement. Basically, make it a contested divorce. The documents were not signed under duress and there was no cohersion on either part to enter into the agreement. Can she do this? Thanks!! My spouse and I came to agreements on division of marital property, assets, and child custody and had a marital dissolution agreement drawn up with everything we agreed too. The documents were notarized and filed with the courts a month ago and there are two more months before the judge will sign the petition and we will be divorced. Now, my spouse wants to change things in the agreement. Basically, make it a contested divorce. The documents were not signed under duress and there was no cohersion on either part to enter into the agreement. Can she do this? Thanks!! Sorry, I believe I need to give more information. I was deployed to Iraq, at my 9th month of the year long deployment, she informs me that she's pregnant with another mans baby. She agreed to give up her entitlement to my retirement, waived her rights to my house, which I bought after we were seperated, and I have primary custodial household of the children. Basically she waived everything. We reside in Tennessee.

Answer: she sounds like a real winner. I feel your pain.

Question: i want to know about a contested divorce? okay my wife had just recenlty wanted to get a divorce which came out of no were.i soon found out that she has been talking to another guy and staying at his house and letting him stay at our apt with my daughter also.and she wanted to do a uncontested divorce. i was wondering on what i shoud do as in signing the papers and letting her run away with some guy and letting my daughter be around that or should i not sign them bring it up to the judge and see where is goes from there?

Answer: contest it, make sure you get custody and all the family assets, talk to an attorney asap.

Question: uncontested divorce? my sister and her x hired a lawyer. they have agreed on everything but she has called the lawyer to ask a question twice. one was what to do because my sisters x was late bringing my nephew back and she wanted to know what to do. today my sister got a bill for $1500 more dollars because she said the 2 phone calls with questions and the lawyer took it upon herself to rewrite a paper made it a contested divorce. Is this how it is usually done? It isn't like there's a lot of fighting!!!

Answer: I have only had 1 experience with this (luckily). That showed me that the atty.'s will figure out your net worth and will not quit billing and causing problems/delays untill they reach that amount. On the otherhand if you have zero dollars to show them from either side, it is amazing how quick they are to be done with you and want to move on to the next battle. The problem is that if the two of you could work this mess out with atty.'s you wouldn't be looking for a divorce

Question: Contested Divorce in NC? Hi. My ex and I have been separated for almost a year now (March 23 will be 1 year) We have 2 children, ages 4 (boy) and 1 (girl). He wants nothing to do with our daughter but will not do a uncontested divorce because i will not let him have custody of our son. My ex lives almost 22 hours away in Missouri so I would not be willing to miss so much time away from our son. Im wondering how I go about getting the divorce since he is not willing to sign any papers. I just found out 2 weeks ago, I am now pregnant with my fiance so I am really hoping to get this over with soon. My ex was abusive while I was pregnant and I have doctors documentation of that, he literally left us when he decided he wanted a divorce with no money ( I was a SAHM) and moved a few states away. Is there any way to file the paperwork myself or do I have to get a lawyer? I already have temporary custody of both children and he has no visitation rights, but I was told this would have to be covered in the divorce papers also. Thanks in advance.

Answer: With documentation that he was abusive you will easily get full custody and may even be able to make sure he only gets supervised visitations. He said he wants a divorce that involves no money being spent but he is not just signing the papers so get a lawyer take him to court and get full custody with him only getting supervised visitations. I would not let my kids stay with an abusive parent. Do what you need to do for you and your kids don't worry about if he will like it or not.

Question: What happens if my spouse tries to contest an uncontested divorce and he signed the papers?

Answer: if he signed them it would be cheaper....if he dont you will have to go to court and that will cost more money__

Question: Divorce- is contested or uncontested? My wife has filed for divorce but there is something that I need to clarify first before this divorce is agreed upon. The problem is that I have a court order that I cannot contact her even via third party. Our only connection is a car loan and the paper says that we have agreed that she will take over payments and ownership of the vehicle. We have not even talked personally. The only thing that was said was me giving her the account number (through my lawyer) so she could make the car payment. I want my name removed from the loan not just for her to take over payments. I wanted to know when I write my response to her lawyer is this considered contesting the divorce? And also, if my response ends up being unsuccessful, would it be too late to get a lawyer? I am wanting to know if this response will be considered contested and will I need a lawyer because if it is not contested then I can just my current defense lawyer (if I need one). Thanks

Answer: Are you saying you have a restraining order against you? Well whatever you do do not contact her in any fashion. You should probably contact your attorney before you contact hers. As far as her lawyer contacting you over an account number that she should already have or she should be able to get it if her name is actually on the car. You gonna have to sign your name off the car before you are no longer responsible for it. If she has the car fails to pay and its still in your name you will get the bad credit for the car and she will as well if its in both your names. You need to talk to a lawyer or call the finance company and contact them tell them what is going on and ask if there is a way to get your name off. If you cant get your name off the car and she still gets is you can always take her to small claims and make her pay up.

Question: Divorce- is this contested or uncontested and do I need a lawyer? My wife has filed for divorce but there is something that I need to clarify first before this divorce is agreed upon. The problem is that I have a court order that I cannot contact her even via third party. Our only connection is a car loan and the paper says that we have agreed that she will take over payments and ownership of the vehicle. We have not even talked personally. The only thing that was said was me giving her the account number (through my lawyer) so she could make the car payment. I want my name removed from the loan not just for her to take over payments. I wanted to know when I write my response to her lawyer is this considered contesting the divorce? And also, if my response ends up being unsuccessful, would it be too late to get a lawyer? I am wanting to know if this response will be considered contested and will I need a lawyer because if it is not contested then I can just my current defense lawyer (if I need one). Thanks in advance

Answer: From my layman's point of view, asking to be removed from a car loan is not contesting the divorce. But you really do need to see a divorce lawyer--this is the person who can look at all the filings and paperwork and let you know what you need to do to protect yourself. Your defense attorney could probably even help you but a divorce attorney would be better. I have found that the best resource on the entire Internet for divorce information is this website: http://www.totaldivorce.com They have a forum where you can post questions and get answers, and there is even a referral source. There are a lot of articles about divorce issues and what the processes and issues are and mean. It's a really great site! Good luck to you and I hope you get the right answers. I do know people who have done their own divorces...but it's often a lot harder and takes longer. Again, good luck.

Question: Is this uncontested divorce? If my spouse has threatened to contest my divorce, but I don't want anything from her, could I not consider that an uncontested divorce and just file the papers without her?

Answer: you can file the papers without her, but she still needs to sign them. if she doesnt sign them then it wont go through. talk to a lawyer or mediator, maybe they can figure it out with you guys so you dont have to go to court.

Question: How does Spousal Support and Divorce Work? My wife and i agreeded on getting a non contested divorce. Recently i found out that i have a court date for spousal support. Does that effect the uncontested divorce? And how can that be rewarded if we getting divorced? Well she is working full time.. making about 30,00 a year. I'm making around 75,000.. on the complaint she said that she's requesting it because I make substantially more than her...

Answer: Unless your super wealthy, typically spousal support is not awarded. And the very few women or men who are awarded spousal support receive a very limited amount, it is very short lived, meaning it is temporary, also most people who get spousal support are people who are not educated and are unemployed. So if your future ex wife is employed, and wins, it will be a very small amount. For instance a friend of mine who lives in San Francisco actually was awarded spousal support, her hubby made a decent living, she however ran a child care center and due to the poor economy in California most of her customers had dropped from 20 children down to 2, at any rate, the judge ruled in her favor and granted her a whole $37.00 per week, which will be stopped if she should remarry, or the limited time has passed, which is two years. This was a slap in the face for her, but it is how our courts work, many people are under the assumption that spousal support is a right, and that it is similar to child support, it is not, they are wrong. Any divorce that is uncontested cannot be rewarded any financial assistance or be granted any assets, it must be finalized first. Good Luck, and don't worry to much about spousal support.

Question: can you prove adultery in a divorce through an email? (Other legal questions included)? My parent's are about to go through a divorce. I'm trying to help my mom prove that my dad has another woman. I know he does because he sent my sister an email explaining about how he's been talking with this woman and want's to be with her. He's had 'business' trips to where she lives too. What would have to be in the email to prove adultery? He said he wants to be with her and how she was his highschool girlfriend and what not. Should my mom try to get a contested (fault divorce)? What is the difference between uncontested and contested divorce? My mom doesn't know, but my dad has said that he's trying to get the divorce uncontested. My mom should get periodic alimony since they have been married for almost 20 years, coming in june. What should she do to get all she can? She does not have a college education and she is foreign. She has her High School Diploma over there. She has no real means of supporting herself. My sister is 19 and I'm 17. Plus she has lots of medical problems. Please help with what you can? um she knows everything about him having a woman. she doesn't know his plans about getting an uncontested divorce. And I will tell her. and considering she doesn't really know anything, she can't handle it herself since she doesn't know what to do right now anyways. All right asshole, you don't know my whole situation. Don't assume crap you you don't know our life. My mom doesn't have an education here. She can't take care of herself because of her education level here. SHE HAS NO COLLEGE EDUCATION. She has a job, but it only pays about 700 every too weeks. She doesn't take take take. She provides for my sister and me. My dad is a pornography addict and that's why my mom has not been on good terms with my dad in the beginning. I'm sorry if my mom couldn't handle is addiction but most people would be disgusted with the things he looks at. I've heard my dad's side and it's full of bull****. I used to be closer to my dad but all his lies have unfolded. I'm not even 100% with my mom, but I know that she won't be able to take care of two kids, herself, her medical bills and other bills. I'm just trying to help my mom get what she deserves. She sacrificed her country, her family, and herself for my dad. She took care of him for 20 years and he decides he doesn't want part of our family anymore because we won't put up with his lies and addiction?

Answer: Have mom read: The Divorce Handbook...You read it too. Get all personal data together based on each paragraph, Be very detailed and specific. This is a war. The lawyer will need all info. Read divorce message boards and find pertinent questions and answers. She will absolutely need a good attorney for the divorce WHO is experienced in screwing the other side during the divorce. If she contests the drove, use mental cruelty, not adultery. Unless you have a private investigator on this, is rt is useless. That is expensive. Dad has a midlife crisis. feel starry for him. He is confused, and he will get his overprice, remarry and NOT live happily ever after. it is fairly certain. He is delusional, I believe. It is all Fantasy. Also read Creative Divorce for emotional understanading.

Question: How do you sign your half of the house over to your spouse? Is it possible to go through a non contested divorce doing your own paperwork from the courthouse and sign your half of the property over to your spouse who wants to live there, in exchange for a pay off? Would you use a lawyer for that part, or do it through the mortgage company? The idea is not to use an attorney where the cost of an uncontested divorce starts at $1500. in my area in Ga.

Answer: Yes, you can complete an uncontested divorce by yourself. There are pre-prepared documents you can buy o pick up at your local court house. In Wisconsin, you must first agree to your splitting of the assets by listing them on a document called a "Marital Balance Sheet". This document lists who is going to be responsible for paying what bills and which assets each spouse will acquire when the divorce is completed. Then you can file your "Marital Settlement Agreement" to present your agreement to the judge on your divorce court date. This document will make it clear what you plan on doing with all assets of any value, who will pay child support and how much, who will pay maintenance, who gets how much of any retirement plans and who claims the children on the next several years of tax returns. After the divorce is done in court and the judge signs it, the person who is giving up their rights to the asset (your house) will file a "Quit Claim Deed" with the local county treasurer. This document is the legal form required for a person to give up rights to a home or piece of Real Estate.

Question: Price for A Nevada Divorce Attorney? I was just wondering if anyone knew what it cost to have an attorney handle my contested divorce. I live in California but she's in Nevada and it's much easier to go through Nevada. I have tried to do an uncontested divorce but have failed, she wont respond to any of my messages and she wont meet with me. I just want to have an idea on the price range so I can start saving up. Thank you all. We had initially agreed on an uncontested divorce since we have no community property, or children of the marriage, we just wanted to go our separate ways and move on. After I started gathering the paperwork, she stop communicating with me and refuses to meet with me now. I have tried to do it the easy way to save us the trouble but she is being stubborn and simply will not respond to me. So I figured I would just let a lawyer do it for me, since it so difficult to make multiple trip to Nevada due to my line of work. I would rather do it uncontested but she's not giving me much of a choice.

Answer: I think you need to take a day and go to Nevada to find a lawyer. Most lawyers will give you 1/2 hour to discuss your situation and explain their charges. You should take to at 2-3 lawyers to get a feel for what they will do and what you need. Lawyers charge by the hour from $100 on up. I don't think there are too many around anymore who charge $100 an hour. Once you engage a lawyer you can probably do most of the follow up with her/him by mail, fax, or phone. I suppose on other approach you could take is get a phone book, then call a few lawyers and see if you could set up a telephone interview. I don't think this would be the best solution. You are getting a divorce from someone who does not want it or is set on making it difficult, so I would be sure of the representation you are getting to be sure it is getting done properly even if it does take several days of your time.

Question: what kind of stipulations can you put into a divorce decree? my husband and i pretty much agree on all the terms of our uncontested divorce except one. right now, i have sole custody of our two girls and i get 25% of his net income for child support. he never fought me for custody, not even joint. he hasn't seen them in 6 years, but he pays child support because texas garnishes his wages. i wanted to make sure that if he were to ever hit the lottery or become wealthy overnight that his daughters wouldn't still be living off of $700 a month. i told him i wanted a stipulation in the decree that guaranteed his daughters 25% of whatever large sums of income he ever comes into. i even told him he could have it put into a fund that they couldn't touch until they were 18. he is ADAMANTLY refusing. he says that IF he were to ever win the lottery, he would make sure that his girls were taken care of, but that he would not put it in writing. first of all, who really thinks that they'll ever win the lottery? i just wanted it as peace of mind JUST IN CASE. secondly, if he has no problem with making sure they're taken care of, then what's the problem with putting it in writing? also, he's getting married again when our divorce is final. yet, he's willing to make this a contested divorce and for us to drag this out and pay a lot in fees just to fight me on this one term. it makes me wonder if he's going to be coming into money that i don't know about. also, a paralegal told me that if he ever DID win the lottery and we didn't have a stipulation that guaranteed some of that would go to his daughters, he would have every right to be a jerk and not give them anything. is there any way to ensure future money for my girls?

Answer: I realize that you want the best for your daughters and that is wonderful, the only problem is that you are being unreasonable in your request. The father is by law obligated to pay child support (and only until the child reaches the age of 18) and it is calculated on his income and your income. Thus the more he earns the more he should be paying in child support (the link below is a the california child support calculator). However you cannot force anyone to sign a document if they do not want to. You are on the other hand allowed to go to a court and argue for an increase in child support if his income substantially grows (e.g. he wins the lottery) and most likely you will win your case if this ever happens. However until that day comes do not pester or blackmail him into signing a paper (this is illegal) and do not worry about it. Just make sure you provide for your daughters that they go to college and that will be fine.

Question: Divorce Information Please Help! Contested or Uncontested? My husband left the country in November of 07', there has been no communication between the two and I have no way of reaching him. We have no assets and no children (nothing to divide). How do I file the complaint for divorce? Is this contested or uncontested? I'm positive he will never return, however, we have nothing to divide thus I am unsure how to approach this issue. I am capable of doing the paper work myself, and attorney is not an option at this time. Any help or suggestions would be appreciated? Thank you all very much. I'm currently in the process of completing the complaint for divorce, which will acted as a summons. My fax filing sheet will act as proof of service (I'm sending it to his last known address good idea?) I'm stumped b/c within the complaint for divorce on paragraph 7 Marital Settlement Agreement, obviously we won't have this part filled out so what do i write in regard to marital settlement agreement? Also should I note that there are no assets in the complaint for divorce? Thanks again all of your comments are truly helpful.

Answer: It goes uncontested if he never responds to the courts once he is served. If you don't have an address the courts will make you do everything possible to serve him by a person. Once that fails they will allow you to publish it in a well known newspaper in the country he is in. Once that happens he has 30 days to respond to the courts in writting. After that time period you will ask for a default hearing meaning it has gone uncontested. He will be given another 10 days at which point you will get your hearing. Good luck

Question: Filing for divorce for abandonment? I know each state is different when it comes to its divorce laws, I have filed for divorce last July, and so many mistakes were made by my lawyer that the judge dismissed it. My lawyer can't do anything (or won't) to help me resolve this. I haven't seen or heard from my husband since about last Aug. or Sept, and no one seems to know where he is at. So my question is does anyone know how the proceedings for abandonment go (in general of course) and if that is considered and contested or uncontested divorce? Or any other way to go about getting a divorce since I have no idea how to find him to sign the paperwork?

Answer: Abandonment usually applies to children. Google it for your state. EDIT: If you don't know where he is, he can be served by running an ad in the paper. The forms for all this stuff should be online at your state.

Question: I am trying to get a divorce.? I am currently trying to get a divorce. I tried to do the uncontested divorce online, but since I have a restraining order, I cannot get an uncontested divorce. My husband is not contesting the divorce. In a nutshell he is in jail for drugs, and a domestic violence charge against me. I want to get this going since I can serve him the papers in jail. If he gets out I do not know, nor do I want to know where is he will go. We do have three children together, but I do not see any problem with him as far as custody. I mean he is in jail. At this time there is no way I can afford a traditional attorney. He took everything I had. I am just now getting back on my feet, but really want to get this divorce taken care of. If anyone can point me in a direction, I live in the southern california area and need to find someone to file the papers for me. Any help would be appreciated.

Answer: Call Legal Aid and see if they can help you.

Question: any probono lawyers willing to assist in filing for a divorce that is not contested.? i need a pro-bono lawyer quickely who would be willing to assist me in doing my own uncontested divorce. i have my own paperwork and can do my own foot work. i can't even afford the filing fee. help im asking for assistance. i have applied to legal aide every 2 months to no avail. they r no help and i can't afford to buy things on the interenet to aide me . i already have a program. i think i can file a afffadavit of not having the filing fee as part as my funding. i live in 643 a month. somebody has the right answer out there . please help im desparate. and depressed. its not fair to be done in this manner its like my governmenrt wants me tied to these 2 bozos forever . one abandoned me at a hospital on my wedding night ,. it was not cosumated

Answer: you don't need a lawyer for this divorce, go to the office supply store or Legalzoom.com and download the paperwork, take it to the courthouse pay the filing fee and have it filed.....a pro-bono lawyer doesn't pay for the filing fee anyway, he just doesn't charge for doing the leg work

Question: Divorce- is contested or uncontested? My wife has filed for divorce but there is something that I need to clarify first before this divorce is agreed upon. The problem is that I have a court order that I cannot contact her even via third party. Our only connection is a car loan and the paper says that we have agreed that she will take over payments and ownership of the vehicle. We have not even talked personally. The only thing that was said was me giving her the account number (through my lawyer) so she could make the car payment. I want my name removed from the loan not just for her to take over payments. I wanted to know when I write my response to her lawyer is this considered contesting the divorce? And also, if my response ends up being unsuccessful, would it be too late to get a lawyer? I am wanting to know if this response will be considered contested and will I need a lawyer because if it is not contested then I can just my current defense lawyer (if I need one). Thanks in advance yes i know about the refinancing. Sorry I meant to put this- I did my research on this while getting pissed off. I didn't think it would be that difficult. I just hope I don't have much trouble getting her to do it.

Answer: A contested divorce means that you don't want the divorce. It has nothing to do wtih the financial situation. They are looking to see how long this is going to last. You can't have your name taken off of the loan without your wife refinancing it. Your agreement with the car loan company is for both of you and they have the right to come after you if the loan isn't paid. But they can also reposses the vehicle for the same reason. Get an agreement that says you are not held liable for any payments so that if for some reason, she stops making payments and they come after you, you can take her back to court. FYI, a contested divorce is a long drawn out battle that will cost lots of money. It's not worth contesting, especially if you live in a no fault divorce state like Wisconsin. She'll get the divorce anyway.