Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My wife and I were married in August of 2006.This was after ...

Customer Question
My wife and I were...
My wife and I were married in August of 2006.This was after being together for 17 years.In July of 2007 she asked me to move out.It was her house.I moved back into my old house with my son and his family.There was no grounds for divorce.No abuse,no adultery nothing.that she can claim I did.She just says she never wanted to get married.She said she wants a divorce.I don't want a divorce.She will not go to counceling.I will not sign any papers because I feel she should at least try counceling.If that didn't work then I would sign.I feel that if I sign that she will then tell people that we agreed to it.If I don't sign than all the guilt is on her.I just found out that she is going to wait till July and serve me with divorce papers charging me with abandonement,even though she asked me to leave.What can or what should I do when this happens.I forgot to mention that I hae Parkinsens disease.I've had it for 11 years and she has been ther for it but I think living with it 24 hrs was to much
Submitted: 9 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 17 minutes by:
4/1/2008
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Attorney & Mediator
Category: Family Law
Satisfied Customers: 20,012
Experience: Attorney & Certified Mediator
Verified
Thank you for your question.

1) Unfortunately counseling is not a requirement before a divorce can be sustained. Even if you object to service of the divorce and even if you fail to respond to the divorce petition, she can simply move for a default judgment on the divorce, if she can should reasonable efforts in getting you served. In other words, your consent is not required to have a default divorce judgment entered into her favor.

2) As to the grounds for divorce, she bears the burden of proof to demonstrate cause for the divorce. If she is claiming abandonment, then you will need to object to her allegations for a fault divorce. You will need to demonstrate that she was the one who asked you to leave. When you are served with these papers, if you want to object, you will need to respond and set the record straight.

I believe I have answered your questions, if I have missed something, please let me know.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Ask Your Own Family Law Question
Customer reply replied 9 years ago
Reply toCustomers Post: When she files for the divorce papers and I am served how long does she have to wait till the divorce is granted if i dont sign
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Thank you for your reply.

You are given 30 days (plus 3 to 5 days for mailing) to provide an answer to the petition for divorce. If there is no reply, then she motions for a default judgment.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Ask Your Own Family Law Question
Customer reply replied 9 years ago
Reply toCustomers Post: I only left the house because she asked me.Yes I moved out but she really left me.The assets we had are already divided back to what we each had.I know its stupid but when I tell the court that I didn't walk out ,that she asked me to leave can I delay the judgement
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
If you are going to challenge the grounds for the divorce, this will cause a delay because it will require a hearing (typically a trial) for each party to present their position, this is what will cause the delay in issuing the judgment.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator
Category: Family Law
Satisfied Customers: 20,012
Experience: Attorney & Certified Mediator
Verified
Attorney & Mediator and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Attorney & Mediator Your Own Question
Attorney & Mediator
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20,012
20,012 Satisfied Customers
Experience: Attorney & Certified Mediator

Attorney & Mediator is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Oklahoma is where the father of my grandson abandoned his
Oklahoma is where the father of my grandson abandoned his paternal rights by moving the state. If my daughter moves back to Oklahoma will she still be seen as sole custodian even though there is the p… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My mother has dementia and my sister basically abandoned her
Hi my mother has dementia and my sister basically abandoned her and left her with me. They recently moved to Florida from NY and I need power of attorney. my sister wont speak with me and has decided … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My question is if a parent abandons a child to a girlfriend
my question is if a parent abandons a child to a girlfriend and the girlfriend can the girlfriend get guardianship of the said child to be able to care for that child for doctors and such … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,462 satisfied customers
My husband abandoned me I receive spousal 1600.00 he had
my husband abandoned me I receive spousal 1600.00 he had notarized a statement saying he would pay 2500.00 for mortgage can I do civil for him to pay 900.00 the difference California...also he placed … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
I have a case where the mother abandoned the children for 5
i have a case where the mother abandoned the children for 5 yrs, cps was involved due to neglect and her having an abusive husband, she allowed her mother to take the children without giving knowledge… read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
I hope so! My ex-husband is in the Navy. His wife abandoned
I hope so! My ex-husband is in the Navy. His wife abandoned him under false pretenses back in 2007. She left the state of VA, moved to CO and filed for divorce. In the parenting plan, it states that A… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
I want to file child abandonment against my wife, what's the
I want to file child abandonment against my wife, what's the best way to do this in the state of Colorado? … read more
lawyerJ
lawyerJ
Juris Doctorate
127 satisfied customers
Can I sue my father's side of the family for abandoning me
Can I sue my father's side of the family for abandoning me when I was a baby after my father died? I grew up in abject poverty and I suffered assault and battery at the dentist plus my brother abused … read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
Can I divorce my husband due to poligamy as he abandoned my
Can I divorce my husband due to poligamy as he abandoned my daughter and I and is now living with another woman and they have 2 children together? … read more
Sue
Sue
Juris Doctorate
188 satisfied customers
Is there such thing as criminal abandonment of a spouse? My
Hello! is there such thing as criminal abandonment of a spouse? My husband left me without money or medical insurance. He was very abusive and controlling. I have several health issues such as blindne… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
My husband abandoned me and 4 kids since i was 6wks pregnant
my husband abandoned me and 4 kids since i was 6wks pregnant i hv filled for child support . i need a lawyer to fight for me … read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
My husband abandoned me 5 months ago it was premeditated.
My husband abandoned me 5 months ago it was premeditated. Now he wants to drop me out of medical insurance plan thru his employer , what are my rights and can he do this … read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
Question about divorce for abandonment .she lost contact
question about divorce for abandonment .she lost contact with her husband for 3 years ,chow she can get a divorce ,she is in China now… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
Illegal to abandon your spouse. Ca. I was abandoned by my
I was abandoned by my husband. I went to prison for 5 yrs for a crime committed… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
Is abandonment legal in the state of Michigan and if so does
is abandonment legal in the state of Michigan and if so does the spouse who was left have any rights to law suit payments… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
Child abandonment laws in Kansas. I've been divorced from my
I've been divorced from my x husband for almost five years, I have full custody. However, he hasn't had any contact with our daughter since she was a year old (she's 9 now). … read more
Sue
Sue
Juris Doctorate
188 satisfied customers
I want to know if it is considered abandonment if my wife
I want to know if it is considered abandonment if my wife moved 2 months ago and the sends me a text she wants a divorce … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My husband abandoned me 2 yrs ago and i want a divorce on
my husband abandoned me 2 yrs ago and i want a divorce on grounds of desertion … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x