How do i write a letter to withdraw a divorce petition ?
living in NEW YORK my husband send me divorce papers , and now he decided he doesn't want to get a divorce , so we called the supreme court in the bronx , and they told us to write a letter and have it notirized of an action to withdraw , but i have no clue on what to write on the letter ... need help! legal advice please
Can someone else file my divorce papers for me?
My spouse and I agree on our divorce. We both agree that I should be the petitioner. Can my spouse file the papers, even though I am the petitioner? I live in a different state and it would be much easier if he could file the papers for us. My spouse has agreed to this. Thanks for your help!
Why would someone contest a divorce?
When someone contests a divorce, it means that they are opposing the divorce. This can be either because: 1. They oppose the divorce itself. Meaning he does not want a divorce. Generally the two of you will have a series of court dates, until the divorce is finally granted. However, in some states, when a divorce is contested, if the judge deems fit, mandatory marriage counseling can be ordered. FYI, this is really rare, and really only happens in cases where there is no real basis for a divorce. With spousal abandonment, that definitely won't be an issue. 2. They oppose the terms of the divorce. Meaning he does not agree with something in the divorce papers. If this is the case, he will now have an opportunity to file "his side of the story." For instance, if you file a divorce, and you state that the reason for divorce is due to physical abuse, but he wants to contest that he physically abused you, for example. Then from there the two of you will have a series of court dates until whatever the issue was is resolved, then the divorce is granted. 3. They just want to be difficult. This one happens a lot.
RCR and Divorce in US?
Hi Sir, I am currently on a H1 visa. My wife (was on H4)has deserted me back in 2011 and since then living in India. When she left me, her family said that she will return back to the states within 3 months but after 8 months I received a legal notice from her lawyer about taking her back and then I answer the notice justifying the facts. She then submitted a case in the family court for the RCR under section 9. Due to long period in procedure, they filed a section 24 for the interim maintenance. The court ordered approx. 12000Rs. And closed my right to appeal and file answer. I have court date in next two weeks and not sure what will happen but I am thinking to file a divorce case in US based on Mental Cruelty and desertion. I have the following questions: - What will happen to my court date if my attorney appeals to reopen my rights to file answer? Will judge normally accept that given my attorney was hospitalized? - What will happen if I file a divorce case in US based on mental cruelty - will it be accepted in India? If I follow proper procedure to issue summons to my wife in India and if she doesn't appear in US jurisdiction saying she has a pending petition in India for RCR? hence, India is the proper jurisdiction for a divorce petition even though we stayed together for over a year in US. - What will happen to a case that my wife filed for RCR? Please advice - my family is under depression and wanted to get out of this situation. Thanks, Vijay