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VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

ihavenoclue
My wife is leaving me in the dark as to when she is going to file for the divorce.
also i dont know if, or when she is going to contact the USCIS to tell them that the marriage is ending.
Can she file for the divorce and end it without myself signing any divorce papers?
diadromous mermaid
QUOTE(ihavenoclue @ Dec 3 2007, 02:43 PM) *
My wife is leaving me in the dark as to when she is going to file for the divorce.
also i dont know if, or when she is going to contact the USCIS to tell them that the marriage is ending.
Can she file for the divorce and end it without myself signing any divorce papers?

Only if you cannot be reached. If a petitioner in a divorce action cannot find the respondent in order to service him or her, the petitioner can post notice by means of a legal announcement in a newspaper. In that event, if the respondent does not respond to the petition for divorce, after a certain period of time the plaintiff/petitioner in the divorce can be awarded judgment by default and the other party would be none the wiser.
Jomo's girl
But, if she knows where you are, that is fraud if she goes around your signature.
desert_fox
QUOTE(Jomo @ Dec 3 2007, 03:03 PM) *
But, if she knows where you are, that is fraud if she goes around your signature.


There is no state in the US where a person needs the permission of the other to get a divorce, nor are you required to sign anything.

If you do not respond to the complaint after you are served, the plantiff takes a default divorce. If you refuse to cooperate and sign a property agreement settlement, then the court will order one and include it in the final order without your signature.

As far as the divorce, there is nothing for the defendant to sign if he is not going to respond to the complaint.

I would guess that 90% of divorces in this country are default divorces. The defendent is served. He gets an attorney. The two parties (thru the attorneys) agree on a property settlement, custody, support issues....signs it and the judge includes it in the final order without even appearing in court.
Sid and Nancy
QUOTE(desert_fox @ Dec 3 2007, 12:46 PM) *
I would guess that 90% of divorces in this country are default divorces. The defendent is served. He gets an attorney. The two parties (thru the attorneys) agree on a property settlement, custody, support issues....signs it and the judge includes it in the final order without even appearing in court.

What you've described is not default, it's an uncontested divorce. Default, like you have previously mentioned in your post, is when the defendant does not react to the divorce papers in any way - doesn't file an answer, etc. Whereas if an attorney is involved, it implies that the defendant is taking action.

ihavenoclue, we can't tell you anything, we don't know your state. Divorce is a state matter, they are all different in all 50 states. Some states have ridiculously long waiting periods for divorces, even uncontested ones. Others, like Nevada, will grant you a divorce in a matter of weeks.
jasman0717
In California all they have to do is serve you and the petitioner can continue with the divorce. If they can't find you they run a statement in the local paper for a certain amount of time and then continue with the divorce.
mooninlove
It depends on what state you live in & the timeframe of settling conjugal properties or any matter if no prenup signed.There's a no fault divorce,uncontested & contested and one can file if she/he wishes.I live in Ca & usually takes 6 months and 1 day but mine drags to almost a year wacko.gif .We did not appear either on the family court and everything was confirmed, signed and settled tru mail.
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