Okay define “signed a divorce” when one person divorces another the person being divorced actually doesn’t have to sign anything. My divorce degree was finalized in Aug and I didn’t sign a thing.
Did he sign a separation agreement? If so then you need to read that agreement. It is binding (if they both signed it and it is notarized).
Okay, she moved out. Change the locks and tell her not to come back. As to her property… If it isn’t in that separation agreement and the divorce becomes final it belongs to him. He can dispose of it as he sees fit.
As to the upkeep of the house. Do they own the house together? If so she may be liable for half the repairs and upkeep. He will probably have to sue her to get it.
Divorces work this way: one person files. The notices are sent to the other person(or their attorney). The filing person (or their attorney) must give the other party at least 14 days to respond. Then if no response they file for a summary judgment hearing. At this hearing the judge signs the summary judgment of divorce and it is done.
It is hard to answer these questions without reviewing the agreement that your father has signed. Every agreement is different, I would suggest your father have an initial consultation with an attorney to review the agreement he signed and get specific advise.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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My father is having problems with his divorce of his second wife. I recently moved up here from florida to help him out while he is trying to retire and with his medical conditions. My dad currently can’t afford a lawyer at the moment and I am trying my best to make as much as I can so he can get one to help him out with the divorce. His ex has been out of the house for almost a year and they have both signed a divorce that was written by her lawyer and it heavily favors her due to him not being able to afford representation. Even with the divorce papers working in her favor she still is trying to take advantage of my dad in any way she can. She’s moved about a 1/4 of her belongings out and isn’t making any attempt to remove the rest, and even her lawyer said she doesn’t have to, the heater unit in the house has died and her lawyer is saying she doesn’t have to pay half of it and a few other problems. How long after the agreement has been signed does the divorce go into effect? I know she has to be out for a year before the divorce is final, but do the papers go into effect before that year is up or on the date the year is up? I’ve been racking my brain trying to find out everything I can on my own but I just can’t seem to find the answer to that one anywhere. There is more but my father knows more about than I do, so I’ll be writing you again for advise when I have more information. Thanks