Your Divorce Questions Answered

You can browse our previously answered divorce questions about the legal aspects of splitting up by clicking on each of the topics below:

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Personal Belonging

• What can I take if I move out before our divorce is finalized?
• How can I prevent him from taking things out of our home?
• How can I get my personal property back if he took everything?
• Can he keep my personal things until after our divorce is settled?
• What if he's threatening to throw my stuff away?
• How can I retrieve my personal possessions from the house?
• How can I safely get my belongings out if he's abusive?
• He won't comply with the stipulation to return my personal items.
• Can I stop him from transferring property during our divorce?
• How do I legally get his stuff removed from my house?
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Separation

• How should I proceed if my husband of 17 years just left me?
• Are we considered to be separated since we never lived together?
• Are we legally separated if we're getting a divorce?
• Is a legal separation a good idea if you're unsure about divorce?
• What if my state doesn't allow a legal separation?
• Can a separation be used as grounds for divorce?
• Can we continue to live in the same house if we're separated?
• Is our separation agreement still valid if we briefly reconciled?
• Can the legal separation be withdrawn if we get back together?
• Can we modify the legal separation?
• Can I change the door locks on the house after he moves out?
• Do I need to be legally separated before moving out with the kids?
• How do I find out if he actually filed for a separation?
• Is a separation agreement valid if the papers weren't filed in court?
• How will I be notified if he files for a legal separation?
• Can he file the separation agreement without my signature?
• Is a separation agreement enforceable?
• Am I entitled to any financial support if we're separated?
• Are assets split during a separation considered separate property?
• Are assets acquired during a separation deemed marital property?
• What are his financial obligations if he moved out?
• Can I continue health coverage if we get legally separated?
• Can his insurance company drop me if we are separated?
• Can I stop him from dropping the life insurance policies?
• Is he required to pay the mortgage if it's not in his name?
• Can I date if I'm legally separated?
• Can you get married to someone else while you're separated?
• Could I lose custody if I live with someone during the separation?
• Can I use my maiden name while I'm separated?
• How should we file our taxes during a legal separation?
• More separation questions...

Marriage Validity

• Is his marriage valid if a wedding ceremony wasn't performed?
• Would misspellings on the license invalidate the marriage?
• Would annulling my first marriage make my second marriage valid?
• Would our marriage be valid if his divorce wasn't yet finalized?
• Is our marriage void if his Dominican divorce isn't recognized?

Religious Annulment

• Will it legally end my marriage if I get a religious annulment?
• How do I get my marriage annulled by the church?
• Can a religious annulment be contested?
• Is homosexuality recognized grounds for a religious annulment?
• Am I classified as single or divorced after a religious annulment?

Annulment vs. Divorce

• Would it be better to get a divorce or an annulment?
• What if he filed divorce papers before I filed for an annulment?
• Can you get an annulment after a divorce is finalized?
• Do I need a divorce or annulment to erase the marriage record?

Children and Annulment

• Is a child considered to be illegitimate if the marriage is annulled?
• How does annulment affect custody and child support?
• Would the children still be his heir if we got an annulment?
• If he's not the father, will an annulment alter his parental rights?

How to get an Annulment

• Is there a time limit for getting a marriage annulled?
• How can I get an annulment for free?
• Do you file for annulment where you married or where you live?
• Do I need a lawyer file the paperwork for an annulment?
• Can he annul the marriage without me knowing about it?
• Can I contest an annulment?
• Can my marriage still be annulled if I my husband is missing?
• Can our marriage be annulled if he has been deported?
• Can I get an annulment even if he divorces his previous wife?
• Would it be possible for his family file to annul our marriage?

Grounds to Get an Annulment:

• Can I annul my marriage if he concealed his criminal background?
• Is mental incapacity considered grounds for annulment?
• Is fraud considered grounds to annul a marriage?
• Is fraud committed after the marriage grounds for annulment?
• He is still married to another woman. Can I get an annulment?
• Would it be fraud if he only married me to qualify for a green card?
• Do I qualify for an annulment if I felt pressure into marrying him?
• Can our marriage be annulled if it was never consummated?
• Can my marriage be annulled if he wasn't using his real name?
• What if he decided not to have kids after we married?
• Can our marriage be annulled if all we do is fight?
• Could my marriage be annulled if he abandoned me?
• Can I have my marriage annulled if he physically abused me?
• Do I qualify if I needed parental consent to get married?
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Annulment and Property Issues:

• Will he be entitled to the pre-marital settlement with an annulment?

Issues after an Annulment

• Can I change my marital status to single after the annulment?
• Do I have to wait to get remarried until the annulment is finalized?
• When am I allowed I marry someone else after the annulment?
• Can we remarry in the future if our marriage is annulled?
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Divorce Questions about Domestic Abuse

• How do I start a divorce if my abusive husband controls everything?
• He tells me I won't get anything if I leave him.
• I'm afraid of how he'll react if I file for a divorce.
• What if he's been harassing me ever since I left?
• What if my husband keeps causing scenes at my workplace?
• What can an abused woman do to protect herself when leaving?
• How will his abuse towards me affect our divorce?
• How can I claim that he abused me if I have no proof?
• Is it considered domestic violence if he threatened me with a knife?
• How do I get my personal belongings if he locks me out?
• Will I lose everything because I had to leave for protection?
• What can I do if he continue to abuse me through the legal system?
• Can he get custody if he has a history of domestic abuse?
• He says he'll claim I'm an unfit mother if I don't sign over custody.
• Can supervised visitation be a condition in our custody agreement?
• More Domestic Abuse Questions
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Restraining Orders

• Will a restraining order help if he refuses to leave?
• Can I start out with a permanent restraining order?
• In which state should I file the protective order?
• Would visitation be granted if he has a DVO against him?
• Can custody be addressed during our DVO hearing?
• What happens to the custody order when the DVO expires?
• Am I required to give him my address if there's a protective order?
• What will happen if he doesn't appear at the hearing?
• What will happen if he violates the restraining order?
• How do I fight an unmerited restraining order?
• More questions about restraining orders

Temporary Orders

• Is he obligated to provide for us during the divorce?
• How can I get by until the divorce goes through?
• Can I get temporary support while we're separated?
• Can I file for temporary support without an attorney?
• How long will temporary support orders last?
• How do I prevent him from transferring assets?
• Will he have to put money in our joint account during divorce?
• What if he didn't pay the mortgage like ordered?
• What if he doesn't follow the temporary orders?
• Can I his license be revoked for nonpayment of temporary support?
• More temporary support questions
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Stopping Divorce

• Can I ask the judge to postpone our divorce?
• Is it possible to postpone our divorce instead of withdrawing it?
• Can I prevent him from converting the separation into a divorce?
• He won't drop the divorce even though we're seeing a counselor.
• Can we stop our divorce if we've changed our minds?
• What would we have to do to stop our divorce?
• What if I want to stop the divorce after I already filed the papers?
• Can I refuse to go through with a divorce?
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Grounds for Divorce

• Should I change the declared grounds for divorce after I file?
• Can the grounds for divorce be modified if I don't agree with them?
• Can the divorce grounds be changed after everything is finalized?
• What if he's claiming desertion even though he knew I was moving?
• Would his behavior be considered abandonment?
• Would being separated be grounds for a divorce?
• Would emotional distress be grounds for divorce?
• Will a protective order prove help prove my grounds for divorce?
• Would incarceration be considered grounds for divorce?
• What is needed to prove adultery?
• Can he claim adultery if he forgave me?
• If an affair can be proven, will it affect the divorce?
• Can I sue the other woman for destroying my marriage?
• Can adultery become an issue if the divorce is overturned?
• Would it be considered adultery if I date while we're separated?
• Other questions about divorce grounds
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Affording the Cost of Divorce

• How can I get divorced if he controls all the money?
• Who pays for the divorce?
• I can't afford a good lawyer because he cleaned out our accounts.
• What options do I have if I don't have the money for a lawyer?
• Are there any services to get divorced for free?
• Is there anything like a hardship divorce if you have no money?
• I don't qualify for legal aid, but can't afford a lawyer.
• Can I take half the money out of our joint bank account?
• Can assets bought during the marriage be sold to pay for a lawyer?
• Can I sell personal items to help pay for getting a divorce?
• How do you survive financially if a spouse drags out the divorce?
• What if I can't afford to pay my lawyer up front?
• Is he responsible for my legal fees since he filed for the divorce?
• Additional questions about how to afford a divorce

Working With Your Lawyer

• Do I really need to retain a lawyer to get divorced?
• Is it a good idea for us to use the same lawyer?
• How can I find out if my lawyer filed the divorce papers?
• Can I ask his lawyer what's going on if mine won't respond?
• Should one spouse's lawyer be used to handle the mediation?
• What if my lawyer dropped me after receiving the retainer?
• Can I request a refund on the unused part of my retainer?
• My lawyer is refusing to refund the balance of the retainer
• What if my lawyer drops my case?
• Is a court appearance needed for a lawyer to withdraw from a case?
• Will judge grant the withdrawal request so close to the hearing?
• Is the retainer agreement still valid after the divorce was delayed?
• Should I file a complaint because my divorce is taking so long?
• Should I be worried if I haven't heard from my lawyer for 2 months?
• What if my attorney won't return my calls?
• How do I get my legal aid attorney to finish my case?
• What if my lawyer won't act on my behalf?
• Can I represent myself if I don't like my lawyer?
• Can I get a refund on the retainer if I fire my lawyer?
• Can attorney fees be deducted from the settlement escrow?
• Can my attorney sue me if I don't pay the final bill?
• What if my attorney is dragging out the divorce?
• Can I change attorneys once the divorce is initiated?
• Should I get another attorney to get my divorce finalized?
• Can we start over if I get a new lawyer?
• What if I don't trust my lawyer's advice on the divorce?
• My lawyer finalized the divorce without consulting me first.
• Do I have any recourse if my attorney didn't do a good job?
• Can my attorney tell the judge he doesn't agree with the settlement?
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Divorce Questions about Mediation

• Is mediation less costly than retaining a lawyer?
• How should I prepare for the mediation process?
• Should a spouse's attorney act as the mediator?
• Can the mediation papers be changed after both parties sign them?
• Is an agreement reached in mediation enforceable?
• What if my husband lied during our mediation?
• He lied on the financial disclosure and now won't finish mediation.
• What if he didn't attend the court ordered mediation sessions?
• Can I appeal the mediated agreement if I felt forced to sign?
• Are mediation papers public record?
• More questions about divorce mediation
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Divorce Timeframe

• How long will my divorce take from start to finish?
• How long will an uncontested divorce normally take?
• How long will it take for my divorced to be finalized after I respond?
• Will having a premarital agreement speed up our divorce?
• Why is my divorce taking so long to move forward?
• Can I call the Family Court Judge to ask what the holdup is?
• Do I have any options if he intentionally stalls the divorce?
• How do we move the divorce on after the counterclaim is filed?
• He filed his counterclaim but nothing has happened for 2 months.
• What is the official date of the divorce?
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Filing for Divorce

• Should I file an uncontested divorce since there's nothing to divide?
• Can I file for a divorce even if he doesn't consent?
• Can a divorce be filed without notifying the other spouse?
• How do I file for a divorce if my spouse is missing?
• Which state do you file in - where you wed or where you live?
• Where do I file if we live in different states?
• Where should I file divorce papers if I have dual citizenship?
• Will I need my marriage license in order to file for divorce?
• How do I find out if divorce papers have been filed?
• Can he file for a divorce if I've already filed and served him papers?
• Can I file in my home state if our divorce is stalled in his state?
• Will he be able to contest the divorce after I file the papers?
• Is there any way to make him file the signed divorce papers?
• More questions about filing divorce papers

How Are Divorce Papers Served

• Who can serve the divorce papers?
• Can I proceed if the process server wasn't able to serve him?
• What if he didn't receive the notification of service by mail?
• How do I proceed with the service by publication?
• Will service by publication work if I can't locate him?
• What newspaper do I need to post in for service by publication?
• If mail service doesn't work, will I have to personally serve him?
• How do I start the paperwork if he doesn't live in the US?
• What is considered for a person to be officially served?
• What happens after divorce papers are served?
• More questions about serving divorce papers...
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Responding To a Divorce Petition

• How do I respond to a divorce summons?
• Is there a deadline for filing my response?
• Can I ask for an extension to prepare my response?
• Can I withdraw my response to the petition?
• What happens after a response is filed?
• What if a person fails to respond to divorce papers?
• What if he can't be found after he filed the response?
• How do I respond to the summons if I live in another country?
• How long until the divorce is finalized after a response is filed?
• Additional questions about responding to divorce papers
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The Divorce Process

• What are my options if my husband abandoned me and the kids?
• What is the best way to get my divorce started?
• How should we proceed if we don't want lawyers involved?
• What kind of divorce should I get if it's a short-term marriage?
• Is a dissolution the same thing as divorce?
• What is a default divorce?
• Could he get a divorce without serving me papers?
• Which spouse moves out of the home after a divorce is started?
• What can I to protect myself if he files for divorce?
• Can I get financial support until our divorce is over?
• Who pays for the divorce?
• Why would a divorce case be dismissed?
• How do I proceed with a military divorce?
• How can I find out what the status of my divorce case is?
• What does it mean if a settlement conference has been scheduled?
• Can he legally obtain my cell phone records and bills?
• Do we have to complete the financial disclosure?
• What if he won't provide the financial disclosure documentation?
• Am I entitled to copies of the financial disclosure papers?
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Divorce Settlement Questions

• Mediating your divorce settlement
• Is it enforceable if we verbally agree on the settlement?
• Is a notarized settlement binding if it hasn't been filed in court?
• Can you get divorced before reaching a financial settlement?
• Can we make a binding settlement agreement without lawyers?
• What happens we don't agree on a settlement?
• Is my portion of the divorce settlement taxable?
• Can I dispute the revised settlement agreement papers?
• Am I required to finalize the settlement if I don't agree?
• Can I have the settlement changed after I signed the agreement?
• Can we change the settlement agreement if we didn't use a lawyer?
• When will terms of the settlement agreement become effective?
• Will I get a copy of our settlement agreement?
• More divorce settlement questions
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Divorce Hearings, Conferences, and Court Dates

• Will the divorce be held in federal or state court?
• Can we get divorced without going to court?
• Am I required to go to the hearing if I'm not contesting the divorce?
• What is a scheduled conference?
• Will I have to attend the deposition?
• What is a case management conference?
• How can he attend the hearing if he's in jail?
• What if one of us doesn't show up for the court hearing?
• How do I get prepared for court if I represent myself?
• Can the court hearing be rescheduled due to my work?
• Can the court date be postponed until I retain a lawyer?
• Can I make him pay legal fees if he continues to take me back to court?

Signing Divorce Papers

• Can I get divorced if he says he won't sign the papers?
• What happens if he refuses to sign after the divorce is filed?
• Do I need a lawyer before signing anything?
• How was the divorce finalized if I didn't sign any papers?
• Do I have to sign the divorce papers if I don't agree?
• The divorce papers look forged. Should I sign them?
• The signature that appears on the divorce petition isn't mine?
• Do I have to start over if he says his signature was forged?
• Will having power of attorney allow me to sign for him?
• How could a divorce be finalized I didn't sign anything?
• What if I felt pressured to sign the divorce agreement?
• Can the divorce settlement be appealed if I signed under duress?

Final Judgment and Decree

• How long will it take for the finalized divorce after I respond?
• What is the official divorce date?
• Is the date of entry when the divorce is truly finalized?
• Can a divorce go through if a spouse dies before the final judgment?
• If a divorce has been finalized, can it later be retracted?
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Engagements and Remarriage

• Can I marry someone else if we've been separated for a long time?
• Can the judge declare me as single before the divorce is final?
• How soon can I get remarried after filing papers for a divorce?
• Can I get engaged if we haven't signed the divorce papers?

Copies of Divorce Papers

• Are deposition transcripts considered private information?
• Who is responsible for sending you a copy of the divorce?
• How can I get a copy of our divorce decree?
• Can I get copies of our Marital Settlement agreement?
• Is there a set period of time before lawyers destroy divorce papers?
• Where can I get a copies of a divorce decree?
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Modify or Appeal the Divorce Decree

• Can a custody order be appealed?
• Can the divorce be overturned if the divorce settlement is violated?
• Can the divorce be disputed after I signed the divorce papers?
• Can we modify the divorce agreement if we both consent to it?
• How do I proceed to get a modification of my divorce?
• Is there a time limit for appealing a divorce decree?
• How do I fight the proposed modifications to our divorce?
• Can I appeal the property settlement if I felt pressured to sign?
• Do I have any recourse if I wasn't notified about the divorce?
• Can he contest a divorce that was granted by default?
• Can I appeal the ruling that I have to pay for his attorney?
• Can a divorce be reopened if there wasn't complete disclosure?
• Can a divorce settlement be revised years later?
• Can the divorce be modified if retirement wasn't addressed?
• More questions about modifying a divorce decree

Enforcing the Divorce Decree

• Will he have to comply with our divorce agreement?
• What if he hasn't paid the extra money he promised me?
• How can I make him move out after the divorce?
• My ex-husband isn't paying the ordered payments.
• Is he allowed to stop payments without a court order?
• Can returning to court for enforcement cause him to lose his job?
• What if he failed to take my name off the loan & credit cards?
• Is a divorce settlement enforceable if a spouse dies?
• Can I have his girlfriend evicted from the marital home?
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You can also view our other topic directories of frequently asked divorce questions below: 

• Children and Divorce FAQS 
• Divorce Financial FAQS 
• Questions on Divorce Emotions 
  
  

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