Filing


#1

The 1 year and 1 day is up. I’m filing the absolute divorce document. Is there anything she can do to stop the divorce? Is ‘contesting’ the divorce an option? If so, what does that mean/or what could happen?

thks


#2

No, she cannot contest the divorce. If a year and one day has passed since you have been living separate and apart your divorce will be granted at the hearing.


#3

Do I or the ex need to attend the hearing? I have my attorney filing the absolute divorce paper…so I assumed he takes care of it all.


#4

You will need to ask your attorney if you need to attend. Depending on your county, and your situation you may have to. The defendant need not be present.


#5

Do you lose any rights when you file for divorce but have not gone through ED, or have any signed custody, or alimony agreement in place?

I have been trying to get a separation agreement signed to no avail, and in a few months our 1 year separation would be complete. I want to get divorced asap but I am afraid to lose claim to my property/assets which has yet to be divided as well as lose the time I have with my children.


#6

I believe I found the answer on the forums but just want to verify…

I do not lose any of these rights so long as I file the actions at the time of the filing of the divorce… that so long as those actions are pending with the court system then you do not lose your rights…

Is this correct?


#7

Custody is unaffected by divorce, and suit can be brought at any time. You do not lose your rights to Equitable Distribution upon divorce so long as there is a claim pending. You need to include a claim for property division in your divorce complaint.


#8

What about alimony? I am in a similar situation, no SA has been signed, and it is has been longer than one year. Everything has already been divided. STBX does not seem to want to sign anything or agree to anything, and I am ready to be divorced and move on with my life. If I file, what can she do to block it? (it sounds like nothing since it has been over 1 year and 1 day). If it goes through without a formal alimony agreement, then from what I understand there will be no alimony?

Thanks,

RH

[Edit - nevermind, I found that I already asked it and it has been answered in this other thread :slight_smile: need to work on my memory a little bit… http://www.rosen.com/forum/viewtopic.php?f=2&t=9917]


#9

Yes, that is correct. Alimony claims will be lost upon divorce if no claim is pending when the divorce is granted.