How Can I Get A Copy Of The Decree If I Wasn’t Notified About The Divorce
Joy’s Question: My husband left me over a year ago without informing me of his new address. I recently heard that he divorced me. How is that legal without my signature and how I can get a copy of the divorce papers?
Brette’s Answer: The divorce would be filed in his county of residence in the state he lives in. If he could not reach you, the court would have authorized notice by publication in a newspaper. Contact the court clerk’s office in that county to obtain a copy of the divorce.
True Facts & Behaviors Of The Couple Will Guide The Determination
When the date of separation is given to the court to decide, the facts drive everything. For example, if the couple continue to eat meals together at the family residence, keep a joint mailing address, attend social events or vacations together, and continue to behave like a married couple, nothing will sway the court in its decision when arriving at a date of separation.
What If I Dont Have A Copy Of My Divorce Papers To File With The Clerks Office
Amina’s Question: I got a judgment of divorce last November, but I didnt know I had to file my papers at the clerks office. Its been a year and I am missing my divorce papers. I want to marry again, but according to the clerks office I have to register my judgment papers with them, which I dont have. I need a suggestion on what I should do.
Brette’s Answer: You should be able to get a copy from the court. If you worked with an attorney, call them. If not, call the court clerk’s office and ask how to obtain a copy.
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What Happens After The Divorce
After the courts finalize your divorce, it is important to take steps to protect your financial assets and to satisfy court requirements. According to the Judicial Council of California, you should take the following steps after your divorce.
- If your former spouse is a beneficiary in your will or life insurance policy, consider updating these documents.
- Close any joint credit card accounts and open up new ones in your name.
- A divorce judgement may state that one spouse will have sole ownership over a motor vehicle that you jointly owned. If so, visit the Department of Motor Vehicles and file documentation to transfer the title of the vehicle.
- Inform your employer of your divorce so that you can update your tax withholding status and remove your former spouse from your benefits.
Filing for divorce in California requires a significant amount of your time and energy if you do not have someone to assist you. Hiring a family law attorney to represent your best interests can help you navigate this already stressful time, allowing you to focus on yourself. As soon as you decide to file for divorce or when your spouse serves you with papers, contact a California divorce attorney to assist with your case.
How To Get A Copy Of Your Divorce Certificate
The procedures for obtaining a copy of a divorce certificate vary by state. In most states, you can get a copy from the office that keeps track of vital records in your state .
Some states restrict access to divorce decrees or certificates to the spouses and their attorneys. If that’s the case where you live, you will probably have to submit a form of government-issued identification to obtain a copy.
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What Will I Use My Divorce Decree For
The primary purpose of your divorce decree is to finalize your divorce. Beyond that, you can use the document as:
- A road map of what you need to do after divorce. Your decree might include orders that you have to follow through on. For example, if your decree requires you to refinance a vehicle loan into your name within 30-days after your divorce, you must work diligently to find financing. If you run into problems meeting the decree’s requirements, you can speak to your spouse to resolve your issue or ask the court for guidance.
- An enforcement tool. Both spouses must comply with any orders made in the divorce decree, including time-sensitive matters. If your ex-spouse is not following the terms of the decree, you can file a motion asking the court to enforce it, and the court will set a date for a hearing.
- Proof of your divorce. Sometimes, you’ll need to provide evidence that your marriage is ended in order to wrap up loose ends from your marriage. For example, you might have to prove you are no longer married in order to close a joint bank account, update a title to a vehicle, or revise the terms of your life insurance or other estate planning documents.
- A reference document. When you have a question about, or disagree with your spouse about, issues such as custody, parenting time, child support, or alimony, you can turn to the decree for guidance.
How To Find Divorce Records
Typically, divorce records can be obtained online, by mail, or in person. Depending on when the party or parties filed the divorce and in which state and county the court granted the divorce, divorce records can be accessed online using the Public Access to Court Electronic Records system or the state or national archives. Members of the public can utilize archives to search for divorce records, but records regarding recent divorces may not be available. For recent divorces, it is possible to query PACER. To access a physical copy of a divorce record or a divorce decree, interested persons should find the court clerk in the county where the divorce was finalized.
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What Is The Date Of Separation
A date of separation occurs when either spouse does not wish to continue the marriage and their actions align with final breakup behavior in the marital relationship. Separation doesnt occur in the event of a fight or argument, or even if one spouse temporarily moves out. The problems between the spouses must be severe enough to damage the marriage to the point that eliminating or repairing the issues isnt a possibility.
What Is The Date Of Separation In North Carolina
One common misconception is that the date of separation is the date you and your spouse decide to divorce. However, by North Carolina law, the date when you and your spouse stop living together is considered the correct date.
There are several factors that could lead to a couples separation, from a decision to live apart to a formal separation agreement, including court action. If two people are married, but no longer living together, it is considered a separation, even if the couple does not go through the steps of a legal separation.
An important thing to remember is that a separation does not have to be mutual. The other spouse can move out of the marital residence, and demand equitable distribution of everything considered marital property.
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How Long Does A Lawyer Keep A Copy Of The Divorce
Darla’s Question: My divorce was finalized last summer, and I just called my lawyer to request a copy of the divorce papers and my file. I was told that they destroyed the file 8 months after the divorce was finalized. How long are they required to keep divorce files?
Brette’s Answer: Most attorneys store files for at least seven years. You should contact the Bar grievance committee for your state.
What If The Page The Judge Signs Is Missing In The Recorded Divorce Papers
Britney’s Question: I just called the court clerk to ask for a certified copy of my divorce papers to obtain a new Social Security Card, only to find out that the judge never signed my divorce papers 2 years ago. In fact, they can’t even find the page he was supposed to sign. He has since retired from that County and I live in a separate County. Do I have to start all over?
Brette’s Answer: You should contact the attorney who represented you and ask them to track this down. If you did not have an attorney you need to talk to the clerk’s office to ask them to locate this or let you know what they can do to resolve it. The page may just be missing and was actually signed.
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Establish A Compelling Reason
The first step to obtaining sealed divorce records is to establish a compelling reason. Parties must identify and present crucial and sufficient reasons for requesting sealed divorce records to be open. The court judge has to be convinced that there is justification for unsealing the records. Follow applicable laws and guidelines.
North Carolina Divorce Timeline
If you are seeking an absolute divorce in North Carolina, this is not a quick process. North Carolina law only allows absolute divorce in two circumstances — in cases of incurable insanity or if the couple has lived separately for at least one year.
If you are seeking an absolute divorce due to incurable insanity, then:
- you and your spouse must live separately for at least three years, and
- you must provide the court with proof of your spouse’s insanity.
Other divorcing couples must live separately for at least one year. This means that they must set up separate residences — simply moving into a separate bedroom in the same residence does not qualify.
After one year, you may file a Complaint for Divorce, which you serve on your spouse along with a Summons. Your spouse has 30 days to file an Answer and any Counterclaims and may ask the court for a 30-day extension. You then must respond to the Counterclaims. Your attorney and your spouse’s attorney will negotiate contested issues, trying to reach a resolution before the court hearing.
In the best situation, your North Carolina divorce can be final in 45 to 90 days after filing the Complaint for Divorce. If you and your spouse cannot reach an agreement, or if you cannot locate your spouse to serve the legal papers, the process can take much longer.
In other words, do not plan on your divorce being final on a specific date.
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Who Can Obtain A Certified Copy Of A Divorce Report
You are entitled to obtain a certified copy of a divorce report if you are:
- One of the divorced parties
- Adult child of the divorced parties
- A present or former spouse of either divorced party, or their respective legal representative.
Other applicants may be provided a statement that the divorce occurred, including the date and county of divorce.
Serving All Of Suffolk County
The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.
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When Is My North Carolina Divorce Final
Posted by | Jan 24, 2019 | 0 Comments
Even in the most amicable divorces, the process can be exhausting for both parties. If the divorcing spouses cannot agree on key issues, the process takes much longer, and the parties may wonder if their divorce will ever be final so they can move on to new relationships. Some divorcing couples find themselves trying to reach a resolution for years after they first separated. The length of time required to get your final Divorce Decree in North Carolina varies based on your unique circumstances.
When Is A Divorce Final
Your divorce is final on the day the court signs the divorce decree. You normally will receive it a few days later, since it is sent to your attorney, who will then send you a copy. You are legally divorced as of the date the decree is signed. This means you become a single person on that date because your marriage is legally over.
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Types Of Divorce Decrees
A divorce decree can either be absolute or limited.
For many couples, the portions of the divorce decree about property division spike the greatest interest. Division of property mostly happens when you disagree on who gets what property. How the property will be divided varies with the state laws. Most states follow an equitable distribution model whereby any money or property youve acquired is given to the spouse who bought it.
To clear up the differences between the two decrees, we discussed them below:
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Absolute Decree
An Absolute Decree fully dissolves the marriage, and the ex-spouses are open to remarrying. Any joint property is divided and distributed according to the Act or an agreement such as a prenuptial agreement. An absolute decree may provide for payment of alimony, child support and custody, property division, and use of the last name.
A Limited Decree is an example of divorce decree that does not dissolve a marriage. However, it can help resolve important issues such as the use and possession of property and spousal support. The amount of alimony to be awarded depends on whoever had more income in the marriage and the roles each partner played in the marriage.
If any children were involved, the primary parent would also need to collect child support from the other partner.
Factors Considered In Dividing Property
There are several things that a court may consider when dividing marital property. These can vary depending on the situation, but they often include the following:
- The income and earning capacity of one spouse
- The education and employment history of each spouse
- The date of separation during the divorce proceedings
- The length of the marriage
- The age and health of the spouses
- The nature of the assets and the way they were acquired
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What Can I Do To Facilitate A Smooth Divorce Process
To help facilitate a smooth divorce process, it is essential that all information about the marriage, assets, and issues about the children are outlined and resolved. If there are discrepancies and problems, it can take a long time to finalize a divorce. A divorce will not be final until a judge grants the divorce and signs the divorce decree.
Who Writes The Final Divorce Decree
Penny’s Question: My final divorce decree stated that all child support would cease in October of last year. My attorney said “I’ve never seen anything like this before. I haven’t read this divorce decree and didn’t write it”. Who DOES write them, if not the attorneys involved?
Brette’s Answer: Usually the language is prepared by the attorneys in the case and approved by the court. Sometimes the court will prepare it.
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Can You Challenge A Divorce Decree Years After Divorce
Yes, you can challenge a divorce decree many years after a divorce is granted. You will need to prove that the previous rulings in a divorce case were unfair due to certain errors. When appealing, the court will not allow you to present new evidence. Instead, you can hire a professional divorce attorney who can use previous evidence to contest the judges decision.
The other alternative is to modify the divorce agreements. A family law attorney will file a motion in court to have the divorce decree modified because of new changes, such as losing a job. The judge will allow you to prove how the new circumstances warrant the modification of the terms in the divorce decree.
How Is The Date Of Separation For Divorce Determined
Divorce laws can vary in many ways between the states. For example, nine states currently strictly follow the community property approach where any assets or property acquired during the marriage will be split evenly when couples divorce. While there are some exceptions like inheritance and personal gifts, most of what the couple owns will be split 50/50 at the time of divorce.
Other states do not follow this rule and will engage in equitable distribution based on various factors like whether there was a prenuptial agreement or the length of the marriage. Besides property distribution, other key areas where divorce laws may differ include child custody, child support, alimony, grounds for divorce, fees, and more.
One thing about divorces that is pretty standard throughout the country is determining the date of separation. This will generally be when the couple ceases to live together as a married couple. While one spouse moving out would clearly demonstrate the beginning of separation, the date of separation can start before that time.
For example, if one spouse moves into another bedroom to sleep and the spouses stopped doing things together as they normally would as a married couple then that can be when the date of separation begins. Filing for divorce can also invoke the date of separation since it shows clear intent by one of both parties to end the marriage.
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