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One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
Like adultery, desertion is a fault ground for divorce, and therefore may be a factor in the award of alimony and custody. However, this ground requires that you be separate and apart for 12 months prior to filing.Maryland law does not require a written separation agreement in order to divorce.
STEP 1 - Complete Complaint for Absolute Divorce, Dom.Rel. STEP 2 - Other Court Documents: STEP 3 - Filing Your Forms and Waiver of Fees: STEP 4 - Service: STEP 5 - Return completed Affidavit of Service - Dom.Rel.
California is a no-fault state when it comes to divorce or legal separation. It does not matter if you are filing for divorce because your spouse cheated on you, or because you just don't get along anymore.
Uncontested divorces usually take two to three months, after filing in our experience, and contested divorces can take up to eighteen months. D If you have gone through a contested divorce, and if there is no appeal, your divorce will be final thirty days after the judge signs the final decree.
If you post the divorce documents, your spouse must sign and return to you the Acknowledgement of Service (Divorce) as proof of service. You will need to file this document at the court. If you post the documents but do not get the Acknowledgement of Service (Divorce), you must try to serve your spouse in another way.
You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.
You answer the divorce petition to let the court know your position in the divorce case.If you don't answer the divorce petition and you don't go to a hearing, it's still possible that the judge can grant the divorce. If that happens, the judge also can make other decisions in the divorce.
When It Matters if You File for Divorce First If you are filing a complaint for absolute divorce based upon contested grounds, the person who files first (the plaintiff) gets to tell his or her story first and this can set the stage for your entire divorce proceedings.
