Frequently Asked Divorce Questions

You can browse our previously answered divorce questions about the legal aspects of splitting up by clicking on each of the topics below:

Personal Belonging

• If I move before the divorce is final, what can I take?
• What should I do if he's taking things from the house?
• Can he keep my belongings until the divorce is final?
• How can I get my personal belongings back?
• How do I get my personal belongings out of the house?
• What if he threatens to throw my stuff away?
• How can I retrieve my personal belongings if he's abusive?
• Can I make him move my belongings as part of the settlement?
• Can I stop him from transferring property during our divorce?
• Can my husband legally obtain my cell phone bills and records?
• Return to topic list

Separation

• How do I get him to support us while we are separated?
• Can my spouse legally move to another state?
• Would we be considered divorced after being separated for so long?
• Is legal separation wise if you're still uncertain about divorce?
• How much does it cost to get a legal separation?
• What can I do if my state doesn't recognize legal separation?
• Can a separation be used as grounds for divorce?
• Can a legal separation be withdrawn if a couple reconciles?
• Can a legal separation be modified?
• What rights do I have with a legal separation?
• Can I force him to move out for a trial separation?
• Can I change the locks after he moves out?
• Can we live in the same house if we're separated?
• What is the timeline for a legal separation?
• How is notification sent for a legal separation?
• How can I find out if separation papers were filed?
• Do both spouses have to sign a separation agreement?
• How do I enforce the separation agreement?
• Is the separation agreement binding if the papers were never filed?
• Am I entitled to support if we're separated?
• Is he entitled to my money after we sign a separation agreement?
• Are assets obtained after legal separation marital property?
• Is he entitled to part of the business I started after we separated?
• Does he have any financial obligations if he moves out?
• Can you keep health insurance with a legal separation?
• Can he be required to keep the life insurance policies?
• Will he have to pay the mortgage during our separation?
• Will I still be entitled to social security benefits?
• How is everything split if he dies while we are separated?
• Can my Dad stop his wife from claiming his estate if he dies?
• Should I get a legal separation while he's in a mental facility?
• How do we file our taxes if we're legally separated?
• Can I have an intimate relationship with someone else?
• Can you get engaged while you're separated?
• Can you marry someone else if you are legally separated?
• How will it affect my divorce if I move in with someone?
• Can I lose custody if I move in with someone?
• Can I keep him from taking our son while we are separated?
• Can I use my maiden name during our separation?
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Annulment

• Should I get an annulment or a divorce?
• Should I get an annulment right after the marriage?
• Is there a time limit on getting an annulment?
• Is it possible to get a free annulment?
• Can I prepare the annulment paperwork myself?
• My husband filed for divorce before I could file an annulment.
• Is an annulment possible after you get divorced?
• Can he file for an annulment without notifying me?
• Can I contest an annulment?
• Can I contest a religious annulment?
• Can I get an annulment if my husband has been deported?
• How do I get an annulment if I can't locate my husband?
• How do I get a copy of his first marriage certificate for my annulment?
• Was the marriage valid if there was a license but no ceremony?
• Is my marriage legal if there is a misspelling on the marriage license?
• Can I still get an annulment if he divorces his first wife?
• Can I get an annulment if he doesn't honor the marriage vows?
• Can his family file to have our marriage annulled?
• Is abandonment grounds for an annulment?
• How is custody and support affected by an annulment?
• Can I get an annulment if he concealed things from me?
• Can I get an annulment if we fight all the time?
• Is abuse grounds for an annulment?
• Is infidelity grounds for an annulment?
• Can I get an annulment if he was using someone else's name?
• Can I get an annulment if I was mentally incapacitated?
• Do I qualify if my father had to sign for me to get married?
• Can I have my daughter's marriage annulled if I had to sign for her to get married in the first place?
• Is fraud grounds for a marriage annulment?
• Can I get an annulment if he just married me to get a green card?
• Can I get an annulment if I felt forced to marry him?
• Can I get an annulment if his family pressured me to get married?
• Can we get an annulment if the marriage wasn't consummated?
• We were married for less than a year. Can I get an annulment?
• Can I get married before the annulment is finalized?
• How soon can I remarry after my annulment?
• Do I need an annulment to remarry him so that our marriage legal?
• Can I get remarried to my husband if our marriage gets annulled?
• Am I considered divorced or single if I got a religious annulment?
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Domestic Abuse

• What can I do if he controls everything?
• I'm afraid of what my husband will do when I file.
• How can my friend get a divorce if she can't afford a lawyer?
• Protecting yourself if it looks like it will get ugly.
• How can I make him move out?
• How can I keep him from moving back in?
• Will my husband's abuse affect our divorce?
• How can I claim abuse if I have no proof?
• Is emotional abuse grounds for a divorce?
• Would it be considered abuse if he threw a knife at me?
• How can I retrieve my personal belongings?
• He says that I won't get anything if I divorce him.
• If I leave, what will I be entitled to in a divorce?
• What can I do if I'm pregnant and don't have a job?
• Will I lose my rights to the home if he claims abandonment?
• How can I stop him from dragging out our divorce?
• I found out I was pregnant after I left. Do I have to tell him?
• He has a history of domestic abuse. Can he get custody?
• Can I get sole custody if he's verbally abusive to me?
• He threatened to take me to court if I don't sign over custody.
• He violated the restraining order. Can the relocation provision be modified
• Can supervised visitation be part of our custody agreement?
• Will our custody arrangement change if I go back to him?
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Restraining Orders

• Should I file a restraining order?
• Can he get visitation if there's an order of protection against him?
• What can I do if he violates the restraining order?
• What happens if he doesn't show up for the hearing?
• What's the best way to fight a restraining order?
• He filed for a restraining order, but I haven't talked to him for a month.
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Temporary Orders

• Do I have to file for a divorce to get temporary support?
• Can I get temporary support without a lawyer?
• How can I get by until the divorce goes through?
• What can I do if he had the pendente lite hearing postponed?
• Can I stop him from transferring property during our divorce?
• Is he responsible for insurance to cover the birth of our baby?
• Do I have to put money in a joint account during divorce?
• He turned the house back to the bank instead of making payments.
• What if he doesn't pay the mortgage?
• My ex didn't comply with the temporary orders. What can I do?
• My ex quit paying. Can I have his license revoked?
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Stopping Divorce

• What should I do if he says that he's thinking about divorce?
• Can I ask the judge to postpone the divorce?
• We are seeing a counselor, but he won't drop the divorce.
• Can a divorce be stopped if we change our minds?
• What can I do if I filed for divorce, but now want to stop it?
• Can I be forced to go through with the divorce?
• Can he get the divorce finalized even if I don't want to divorce?
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Grounds For Divorce

• Will it look bad if I change the grounds for divorce?
• Can the grounds for divorce be changed after the divorce is over?
• What if I disagree with the grounds for divorce?
• Can a separation be used as grounds for divorce?
• Can he claim desertion if he knew that I was moving?
• Should I claim abandonment as grounds for divorce?
• Would it be abandonment if the person comes back?
• Is emotional abuse grounds for a divorce?
• Will my husband's abuse affect our divorce?
• Is imprisonment considered divorce grounds?
• Can I get a divorce based on environmental cruelty?
• Is it against the law to start another relationship?
• Should I claim adultery as grounds for divorce?
• Will proof of adultery affect the outcome of my divorce?
• My husband had an affair. Can I sue the woman?
• Is the absence of sexual relations grounds for divorce?
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Affording The Cost Of Divorce

• He controls all the money. What can I do?
• How do I get a divorce if I can't afford a lawyer?
• Who pays for the divorce?
• Is there anyway to get a divorce for free?
• Is there such a thing as a hardship divorce?
• I can't afford a lawyer, but I don't qualify for legal aid.
• Can I take money out of our joint account?
• Can I sell marital property to pay for the lawyer?
• Can I get a joint credit card to help pay bills?
• Help! He's dragging this out and I'm broke.
• What if I can't afford to pay my lawyer up front?
• How can I control the cost of divorce?
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 Working With Your Lawyer

• How can I find out if my lawyer filed the divorce papers?
• Should we use the same attorney?
• Can my lawyer reveal what is discussed to my in-laws?
• Should one spouse's lawyer be used to handle the mediation?
• My attorney dropped me after taking my retainer.
• Can I ask for a portion of my retainer to be refunded?
• How could my retainer be used up before the petition was served?
• Is my retainer agreement still good if I had to delay my divorce?
• Why did my attorney seal the file that states why he quit?
• What can I do if my lawyer won't call back?
• My lawyer refuses to talk to me after I filed a grievance.
• What can I do if my lawyer won't act on my behalf?
• Would she be better off representing herself or using a lawyer?
• What should I do if I would like to proceed without a lawyer?
• Can I represent myself after I fired my lawyer?
• Can I fire my lawyer and get a refund on the retainer?
• Can I get out of paying my lawyers interest fees?
• What if my lawyer is dragging my divorce out?
• Can he get a delay because he fired his first lawyer?
• Do I need to get a new lawyer to push my case along?
• Can we start over if I get a new lawyer?
• Can I change lawyers once the divorce is started?
• Can I hire another lawyer to be a co-council?
• What should I do if I don't trust my lawyer's advice?
• What if I can't afford to pay my lawyer up front?
• What recourse do I have if my lawyer didn't do a good job?
• What if my lawyer finalized the decree without consulting me?
• Can my lawyer tell the judge that he disagrees with the settlement?
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 Divorce Mediation

• What is the best way to approach mediation?
• Should a spouse's lawyer be used to handle the mediation?
• How do I change the mediation papers?
• Are mediation agreements enforceable?
• What can I do if he lied during mediation?
• What if he won't finish mediation because he lied previously?
• What if my husband didn't go to the court ordered mediation?
• I was pressured during mediation to sign. What can I do?
• Are mediation papers public record?
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Divorce Timeframe

• How long does a divorce take?
• How long after I file my response will my divorce be finalized?
• Will a prenuptial agreement speed up the divorce?
• Why is my case taking so long?
• Can I call the Family Court Judge to find out why it is taking so long?
• What if nothing has happened since the counterclaim was filed?
• What can I do if he's intentionally stalling the divorce?
• What is the official divorce date?
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Filing For Divorce

• Do I need my spouse's consent to get a divorce?
• Can you get a divorce without notifying your spouse?
• Will it cause a problem if my mail delivery is mixed up when I file?
• What can I do if I filed for divorce, but now want to stop it?
• Who moves out when a divorce is filed?
• How do I file for divorce if I don't know where my spouse is?
• Do I need my marriage license to file for a divorce?
• Can I file an uncontested divorce if there is nothing to divide?
• Can I file for a Summary Dissolution due to our long separation?
• Where do I file for divorce, the state we married in or now live?
• Where do I file if my children were born in different states?
• Does it matter if he files in a different county than I live?
• Can I file for divorce in the US even if I married in another country?
• Where do I file for divorce if I have dual citizenship?
• How can I find out if my husband has filed for divorce?
• How can I find out if my lawyer filed the divorce papers?
• How can I make him file the completed divorce papers?
• Why would someone file for divorce, but not serve the petition?
• What happens if I file for a divorce, but he won't sign?
• Can he file for divorce if I have already filed, but not served papers yet?
• If our divorce is stalled another state, can I re-file in my home state?

How Are Divorce Papers Served

• Do I need to have papers served on him?
• Who can serve papers the divorce papers?
• If papers that are legally served, can someone else sign?
• How do I serve divorce papers if I only know his work address?
• How can I serve papers if I don't know where he is?
• How can I serve divorce papers if he's in jail?
• Can he contest the divorce if papers are served while he's in prison?
• How do I serve him by publication if I don't know what state he lives in?
• What should I do if he didn't receive the service by mail?
• Do I have to serve him personally if the mail service didn't work?
• How do I get the paperwork started if he lives in another country?
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Responding To A Divorce Petition

• How does a person respond to a divorce summons?
• How do I file and serve an answer?
• Can I ask the court for more time to prepare?
• What if he doesn't respond to the petition?
• How do I push the divorce along if I didn't respond to the petition?
• Do you need proof of who signed the papers?
• What if one of us doesn't show up for the court hearing?
• Can he overturn the divorce if he never responded to the petition?
• How can I respond to a divorce petition if I live outside the US?
• What if he disappears after filing his response?
• How long after I file my response will my divorce be finalized?
• What if the petition doesn't include both his current and former name?
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The Divorce Process

• What kind of divorce should I get if I just want it to be over?
• Who moves out when a divorce is filed?
• What should I do before getting a divorce?
• How do I get support until the divorce is final?
• Do I need an attorney to get a divorce?
• Who pays for the divorce?
• How to are divorce papers served?
• Response to a divorce filing
• How do I proceed with a military divorce?
• Can I have my divorce moved to another county?
• Is a social security number required to get a divorce?
• What if the petition doesn't include both his current and former name?
• How do I find out the status of my divorce case?
• What will happen at the first meeting with our attorneys?
• Is there a time limit on ordered settlement conferences?
• What is the consent to divorce and jurisdiction form?
• Divorce Property Issues
• Mediating your divorce settlement
• Can my husband legally obtain my cell phone bills and records?
• Is he allowed to use my retirement information in court?
• Can I stop him from videotaping me?
• Is financial disclosure required if we can reach an agreement?
• How do I make him provide the financial disclosure information?
• What if he doesn't provide proper documents for financial disclosure?
• Can I get a copy of the financial disclosure papers?
• Are transcripts from your deposition considered private information?
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Divorce Settlement Questions

• Mediating your divorce settlement
• Would a verbal settlement agreement be enforceable?
• Can I make him sign the settlement agreement?
• Do I have to pay taxes on the divorce settlement?
• Should a lawyer review the settlement documents?
• What if the proposed settlement agreement is wrong?
• I signed the settlement agreement. Can I have it changed?
• How do we change the signed settlement agreement?
• Does my ex have to comply with the divorce agreement?
• Can a settlement agreement be changed if we didn't use a lawyer?
• How do I get a copy of the Marital Settlement agreement?
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Divorce Hearings and Court Dates

• Do I have to go to court if I'm not contesting the divorce?
• What if one of us doesn't show up for the court hearing?
• How should I prepare for court if I'm representing myself?
• Can the court appearance postponed until I get a lawyer?
• Can I postpone the court hearing because of my job?
• What can I do if my ex keeps taking me back to court?

Signing Divorce Papers

• Can I get a divorce if my husband says he won't sign the papers?

• What happens if I file for a divorce, but he won't sign?

• He's been served, but he said that he won't sign.

• Do I need a lawyer before signing anything?
• How could the divorce go through if I didn't sign anything?

• Do I have to sign the divorce papers if I don't agree?

• Can I make him sign the settlement agreement?

• The divorce papers look forged. Should I sign them?
• What can I do if he says that someone forged his signature?
• Can I sign divorce papers for him if I have power of attorney?
• How can someone divorce you if you never signed anything?
• Can I appeal the divorce settlement if I signed under duress?
• What can I do if I felt pressured to sign the divorce agreement?

Final Judgment and Decree

• How long after I file my response will my divorce be finalized?
• Can I get engaged before the divorce is finalized?
• When can I get remarried after I file for a divorce?
• What is the official divorce date?
• What is the date of entry of the final decree?
• Can a divorce go through if a spouse dies before the final judgment?
• Can a finalized divorce be retracted?
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Copies of Divorce Papers

• Can I get a copy of the financial disclosure papers?
• Are transcripts from your deposition considered private information?
• Can I get my Social Security Number blocked on my divorce papers?
• How do I get a copy of the Marital Settlement agreement?
• How can I get a copy of my divorce decree?
• Where does the court send the copies of the finalized decree?
• How long are lawyers required to keep divorce files?
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Name Change

• Can I use my maiden name during our separation?
• Can the divorce state that I will change back to my maiden name?
• Do I have to wait for the divorce to be final to use my maiden name?
• Changing your name after divorce
• How do I change my name after divorce?
• Can a woman be forced to change her name after divorce?
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Modify or Appeal The Divorce Decree

• How can we modify our divorce agreement?
• Do we have to go to court to modify the divorce agreement?
• Where can I get a modification form to change my divorce?
• Is there a statute of limitations for appealing a divorce judgment?
• Can a divorce be modified if the property wasn't divided?
• How do I contest a modification of the divorce agreement?
• Can a divorce agreement be changed if the settlement was unfair?
• Can I appeal the divorce settlement if I signed under duress?
• What can I do if I felt pressured to sign the divorce agreement?
• Can a divorce be appealed if you were never notified?
• Can he contest the divorce if he never responded to the petition?
• The divorce was finalized before I could contest it.
• Can I still appeal if I didn't respond in time?
• Can I appeal the court order to pay attorney fees?
• What if he didn't disclose everything during the divorce?
• Can I have an old divorce settlement revised?
• Can the ruling about retirement and alimony be revised?
• Can I get part of his 401K if the divorce has already been finalized?
• Can the divorce be reopened if retirement wasn't addressed?
• Can the grounds for divorce be changed after the divorce is over?
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 Enforcing The Divorce Decree

• Does my ex have to comply with the divorce agreement?
• How can I get my husband to move out after the divorce?
• Is an agreement made after the divorce enforceable?
• What if my ex hasn't paid according the the settlement?
• What can I do if he didn't take my name off the mortgage?
• Can I have his girlfriend removed from the marital home?
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 Death and Divorce

• How is everything split if he dies while we are separated?
• Can my Dad stop his wife from claiming his estate if he dies?
• Can a divorce go through if a spouse dies before the final judgment?
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You can also view our other topic directories of frequently asked divorce questions below:
Children and Divorce FAQS
Divorce Financial FAQS
Questions on Divorce Emotions
Main Directory of Divorce Faqs

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Please Note:  This website provides general information about the various issues that arise in a divorce and should not be considered a substitute for legal advice.  For specific recommendations concerning your situation, please retain an experienced divorce lawyer who can answer your questions based on the current divorce law statutes of your state.  WomansDivorce.com disclaims any liability from any claim arising from any information contained on this website.