Volsfan65
Bronze
Reged: 04/10/08
Posts: 27
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I read on another post that a divorce can be finalized without a signature from the other spouse??? Is that true? how?
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Samsung
Platinum
Reged: 06/14/07
Posts: 2221
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With no fault divorce, if you refuse to sign, the divorce is granted anyway.
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Volsfan65
Bronze
Reged: 04/10/08
Posts: 27
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that's what I needed to know. THANKS!
A friend of mine filing no fault, irreconcilable (sp?) and afraid her soon to be ex wont sign and it's going to drag it out.
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numbnms
Platinum
Reged: 10/18/07
Posts: 708
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My understanding is that for there to be no-fault in MS is that it requires both parties to sign, otherwise she will have to prove grounds if he fights it. If however he does nothing then I believe a no-fault would be granted.
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Forget waiting for the storm to pass
Learn to dance in the rain
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Volsfan65
Bronze
Reged: 04/10/08
Posts: 27
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Talked to her tonight and she said it's been MONTHS since she filed and he won't sign. What can she do now? Her attorney is not giving her much help.
Every time she has the papers amended to what he wants, he signs them with "F%@$ YOU" then sends them back.
How long does she have to wait?
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numbnms
Platinum
Reged: 10/18/07
Posts: 708
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The attorney needs to have him served with divorce papers, set a court date, if he doesnt show then she wins her divorce. If he shows and contests the divorce on lack of grounds then there are problems, however she can petition the court to go ahead and divide assets even if they are still married. He can be forced to give up equity in homes, cars, even pay child support and still be legally married. (Trust me I know for a fact this can happen)
Sounds like he is just dragging it out and if a judge divides everything up then he will just sign. Are there kids invovled?
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Forget waiting for the storm to pass
Learn to dance in the rain
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Volsfan65
Bronze
Reged: 04/10/08
Posts: 27
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Yes. They have one daughter that is about 2 1/2.
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numbnms
Platinum
Reged: 10/18/07
Posts: 708
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She needs to move forward with court, even if the divorce isn't granted then at least she is getting the support for the kids (assuming she has custody) should be 16% of his AGI if she is the custodail parent. AGI is gross pay less taxes and any other NONE required deductions. IF his AGI is $40,000 a year the child support would be $533 or somewhere in that neighborhood. Another little known fact that may push him in to working out the details: MS is not an alimony state however a judge can order spousal support while the divorce is pending. My judge did this under the guise of helping her reestablish her life; she left and I have to pay go figure. So far it has cost me an extra $8,000 that I would not have had to pay.
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Forget waiting for the storm to pass
Learn to dance in the rain
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