How does one go about finalizing a divorce? 10 Answers as of December 19, 2013

This couple has not been together for over a year. There was substantial infidelity. One partner essentially took everything. There have been papers drafted. They were signed by one partner and not the other. Partner willing to sign is looking to declare bankruptcy and has made preparations for this but is curious if it needs to be done before or after. Thank you for your time.

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J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
The parties should sign a Separation and Property Settlement Agreement and then one of them can file for divorce on the grounds of 1 year separation.
Answer Applies to: Virginia
Replied: 12/19/2013
Goldstein and Peck. P.C.
Goldstein and Peck. P.C. | William J. Kupinse, Jr
Instructions on how to handle a dissolution of marriage are located on the Connecticut judicial website. The above is an answer to a general legal question and should not be considered as legal advice on your specific issues, nor does the answer constitute representation of you for any purpose.
Answer Applies to: Connecticut
Replied: 12/19/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
there is not enough information to answer this question..call an attorney and pay for an hour of his/her time to investigate
Answer Applies to: Michigan
Replied: 12/19/2013
Strowbridge Blaisdel Richardson | Strowbridge Richardson
If both parties are in agreement for a dissolution, one can file and the other does not need to respond after service. A default judgment can be taken after 30 days. 5 more months, the dissolution can be final.
Answer Applies to: California
Replied: 12/19/2013
Kirby G. Moss PC | Kirby G. Moss
Generally, the Bankruptcy should be filed before finalizing the divorce due to fact that domestic orders are non-dischargeable under current Bankruptcy Code. Only way to finalize the divorce in absence of both signatures on agreement is to set it for hearing and have judge finalize divorce.
Answer Applies to: Indiana
Replied: 12/19/2013
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    If one party will not consent to a divorce, then the other party can file a "motion to set trial." The judge can then enter orders finalizing the divorce of the couple at the time of trial, even without the consent of the reluctant party.
    Answer Applies to: Arizona
    Replied: 12/19/2013
    The Bryan Law Firm, L.L.C.
    The Bryan Law Firm, L.L.C. | Douglas L. Bryan
    In Louisiana, if there are no children of the marriage and if the parties have been separated for over 180 days the parties are entitled to an immediate divorce. Only one person needs to want to be divorced; both parties don't have to sign. This is commonly called an 'uncontested" or "no-fault" divorce since the only issue is whether the parties have lived separate and apart long enough. An attorney can usually handle this quickly and inexpensively.
    Answer Applies to: Louisiana
    Replied: 12/19/2013
    John Russo | John Russo
    Once you file bankruptcy there is an automatic federal stay over any court proceedings that deal with the assets and debts of the person filing. You should speak to counsel on this since every jurisdiction is a little different , some will allow a civil action to proceed if and only if the party filing B/R waives the stay provisions, some won't allow without the B/R agreeing to lift the stay.
    Answer Applies to: Rhode Island
    Replied: 12/19/2013
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    You do not say if anything has been filed. If not no divorce is under way. The soonest you can finalize is 90 days after a divorce is filed and properly served.
    Answer Applies to: Washington
    Replied: 12/19/2013
    Milligan, Beswick, Levine, & Knox LLP
    Milligan, Beswick, Levine, & Knox LLP | Stephen P Levine
    Way to much going on here to answer simply. If one party is ready to finalize and other hasn't responded you can file a request to enter a Default. Bankruptcy does effect the ability to finalize I suggest waiting to after the default has finalized the awarding of assets and debts to the parties
    Answer Applies to: California
    Replied: 12/19/2013
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