One spouse has various legal rights if the other leaves, including a case for divorce, financial support and the right to sue, according to Divorce Source and Cindy Chung for LegalZoom. These rights rest on "abandonment" as legal grounds against the spouse who left.Know More
With abandonment, one spouse leaves without the other's consent, explains Divorce Source. This distinction is important because abandonment is grounds for divorce compared to a trial separation in which both spouses agree to separate. The abandoned spouse has the right to file for divorce.
In addition to the right to divorce, the abandoned spouse has the right to receive financial support or spousal maintenance, notes Chung. Depending on state laws, financial support can be short-term during the divorce case or long-term for years after the divorce. This is especially pertinent if the spouse who left provided the primary source of income.
Moreover, the spouse can file a civil complaint against the other for significantly reducing the spouse's ability to support herself financially. The punishment could be imprisonment or a fine depending on the severity of state laws. The abandoned spouse can also sue a third party if the other committed adultery with the third party. This right rests under the legal grounds of "emotional distress," according to Chung.Learn more about Law
Companies such as the Divorce Source and Rocket Lawyer offer free divorce forms available for download. Customers may choose the applicable state and a specific divorce packet, either for a case involving or not involving children, to download and print, states the Divorce Source.Full Answer >
A divorce without spousal consent can be obtained in every state in the United States, but it takes more time, according to LegalZoom. Contact an attorney first to draw up terms for negotiating division of property and custody of children.Full Answer >
Generally, if a joint petition for divorce has been filed then both spouses must sign the paperwork, according to LegalZoom. If one spouse refuses to sign, or is not available to sign, the party that filed the joint petition can opt to file a regular divorce petition, which does not need the signature of the other spouse.Full Answer >
Divorce laws in California stipulate that a spouse or partner can end the marriage even if the significant other does not want a divorce, according to the Judicial Council of California. A spouse or partner cannot stop the divorce process by refusing to participate under the no fault divorce laws in California.Full Answer >