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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10052
Experience:  Experienced Family Law Attorney
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I am filing in ***** ***** but do not know the location of

Customer Question

Good Morning. My name is***** am filing for divorce in ***** ***** but do not know the location of my spouse (I believe he is in Alabama). We have been separated since 12/20/2014. Is his signature required to file in ***** *****?
JA: Thanks. Can you give me any more details about your issue?
Customer: Do I have to have his signature on the divorce documents before I file them in court? (Uncontested)
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Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

What state is this in regards ***** *****?

Customer: replied 1 year ago.
Expert:  LegalGems replied 1 year ago.

Thanks; a few minutes please as I look into this for you.

Customer: replied 1 year ago.
Thank you
Expert:  LegalGems replied 1 year ago.

Are there minor children?

Customer: replied 1 year ago.
one child
Expert:  LegalGems replied 1 year ago.

Thanks; just a few more minutes please.

Expert:  LegalGems replied 1 year ago.

Thank you for your patience.

So for an uncontested divorce, both parties need to be in agreement with regards ***** ***** issues, including division of property, spousal maintenance, child support, etc.

So typically the petitioning spouse would file the petition, along with the signed (by both parties) marital settlement agreement, and the Signed (by respondent) Acknowledgment of Service and Consent to Jurisdiction.

This allows the court to fast track the divorce, since the parties are in agreement.

If there is no marital settlement agreement, then the standard form is the contested divorce. There are grounds for contested divorce, but one may also contend "irreconciable differences".

The petitioner (the party initiating the action) must be a resident of the state for a minimum of 6 months; under the UCCJEA ( the federal child custody jurisdiction act) the state that has jurisdiction is the state where the child has resided for the past 6 months, as this is the only state that may enter orders re: the custody, visitation and support of the child

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Customer: replied 1 year ago.
Are the forms different for the Contested divorce or do I submit the same forms but do not include the Marital Settlement Agreement?
Expert:  LegalGems replied 1 year ago.

They are different. Let me locate those.

Customer: replied 1 year ago.
Expert:  LegalGems replied 1 year ago.

These are the forms -



Expert:  LegalGems replied 1 year ago.

Additional self help resources here:

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Customer: replied 1 year ago.
Expert:  LegalGems replied 1 year ago.

You are most welcome!

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