Can I still file signed divorce papers a year ago? 10 Answers as of June 04, 2013

I wanted to know if I can file my own papers I signed some my husband printed up and he never filed them. I want my name back and I want to file on the grounds of adultery. He has lived with his girlfriend for the past two years..

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Webster & Associates | Anita Webster
Only if your spouse is still in agreement with them. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.
Answer Applies to: Nevada
Replied: 6/4/2013
Mavrides Law
Mavrides Law | Marcia Mavrides
The documents can be filed, but you have to schedule a hearing to have the documents incorporated into a judgment of divorce. The agreement you signed may have some independent legal significance regarding financial matters, but your divorce cannot proceed without a court hearing. I suggest you contact the court clerk to determine the process for filing and scheduling a hearing date that will require both of you to appear and agree that the matter should proceed as an uncontested divorce. If your husband refuses, then you must proceed as a contested matter. You should consult with an attorney, who can review the document you both signed to determine its enforceability outside the court process. Good luck.
Answer Applies to: Massachusetts
Replied: 6/4/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You probably need to prepare new documents and file again.
Answer Applies to: Idaho
Replied: 6/4/2013
Peyton and Associates | Barbara Peyton
You don't need grounds in California other than irreconcilable differences. Simply prepare your papers and have him served by a non-relative who is over 18 years of age.
Answer Applies to: California
Replied: 6/3/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Well you really need the advice of a Lawyer .if you want a simple uncontested Divorce to allege adultery you have to offer some? admissible evidence so it is complicated and you need to seek legal advice.
Answer Applies to: Georgia
Replied: 6/4/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    If he never filed the divorce papers, they are of no value. Do it again on your own.
    Answer Applies to: New Jersey
    Replied: 6/4/2013
    Morelos Law Firm
    Morelos Law Firm | Andrea Morelos
    In North Carolina you don't need grounds for divorce and actually there isn't really a claim per se for "adultery". Marital misconduct is but one of the many factors that can be taken into consideration by a judge if one files a claim for alimony. I am not sure what papers you signed a year ago - was it a separation agreement or the complaint for a divorce?. If it was the complaint for divorce, first that would have needed to be signed in front of a notary. If it was but never filed, that is probably too long ago to try and file it now. If it was an actual separation agreement, that doesn't need to be filed and that is already a valid contract in place. Based on the uncertainty of what you actually signed last year plus the fact that you may have rights to alimony, you really need to consult with an attorney because there is a proper way to include that in a lawsuit and you may also lose certain rights if you file for divorce only without including alimony in there.
    Answer Applies to: North Carolina
    Replied: 6/4/2013
    TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
    Due to the change in personal information it may a good idea to update the petition. Divorce in Indiana does not require any specific grounds, only that the marriage is irretrievably broken. You can represent yourself, but its not advisable given certain requirements and issues which may arise.
    Answer Applies to: Indiana
    Replied: 6/4/2013
    Kunin &Carman | Ishi Kunin
    In Nevada, adultery is not a ground. It sounds like you need to file a Complaint for divorce and serve him, unless he is willing to sign a Decree.
    Answer Applies to: Nevada
    Replied: 6/3/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    You should file your own paperwork. Summons and petition. The only grounds to choose from are Irreconcilable Differences or Incurable Insanity.
    Answer Applies to: California
    Replied: 6/3/2013
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