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

• Can I throw him out out after he's served divorce papers?
• 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?
• What if he won't return my personal items as the divorce stipulated?
• Can I stop him from transferring property during our divorce?
• Can my husband legally obtain my cell phone bills and records?
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Separation

• How do I get him to support us while we are separated?
• Are we legally separated if we're going through a divorce?
• Would we be considered divorced after being separated for so long?
• Can I still get a divorce if we've been separated for 10 years?
• 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• Can a legal separation be withdrawn if a couple reconciles?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 we rescind a legal separation and file for a divorce instead?
• Can a legal separation be modified?
• What rights do I have with a legal separation?
• Can my spouse legally move to another state?
• Can I force him to move out for a trial separation?
• He he kick me out of our apartment if we separate?
• Can I change the locks after he moves out?
• Can we live in the same house if we're separated?
• Can our separation agreement state that I get the house?
• Do I need a legal separation to move out with the kids?
• 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?
• Are marital assets split after separation deemed separate property?
• Do I need a quitclaim deed to have the property transferred to me?
• 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 his insurance company drop me if we are separated?
• 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 date if I'm legally separated?
• 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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Marriage Validity:

• 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?
• Would my marriage be valid if my father performed the wedding?
• Would my marriage be valid if a previous marriage was annulled?
• Do I need to get my first marriage annulled so my second is valid?
• Is our marriage legal if there was a no-contact order when we married?
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Divorce vs. Annulment

• Should I get an annulment or a divorce?
• My husband filed for divorce before I could file an annulment.
• Is an annulment possible after you get divorced?
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Children and Annulment

• Would a child of an annulled marriage be considered illegitimate?
• How is custody and support affected by an annulment?
• Would an annulment affect his parental rights if he isn't the father?
• How would an annulment affect my children financially?

Religious Annulment

• How do I get a religious annulment?
• Can I contest a religious annulment?
• Is being gay grounds for an annulment?
• Does a religious annulment legally end my marriage?
• Am I considered divorced or single if I got a religious annulment?

How to get an Annulment

• Should I get an annulment right after the marriage?
• How long do you have to get an annulment?
• Is it possible to get a free annulment?
• Can I prepare the annulment paperwork myself?
• Which state do you file for an annulment in?
• Can he file for an annulment without notifying me?
• Can I contest an 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?
• Can I still get an annulment if he divorces his first wife?
• Can his family file to have our marriage annulled?
• Can I have my daughter's marriage annulled if I had to sign for my her to get married?
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Grounds for Annulment:

• Can I get an annulment if we've only been married for a short time?
• Can I get an annulment if the minister didn't use his legal name?
• Is fraud grounds for a marriage annulment?
• Is fraud after the marriage grounds for an annulment?
• Can I get an annulment if he concealed things from me?
• Can I get an annulment if he is married to a woman outside the US?
• Can I get an annulment if he married someone during our separation?
• Can I get an annulment if I was mentally incapacitated?
• What if he just married me to get a green card?
• Can I get an annulment if I was forced to marry him?
• Can we get an annulment if the marriage wasn't consummated? 
• Can I get an annulment if he was using someone else's name?
• Is infidelity grounds for an annulment?
• What if he doesn't live up to the marriage vows?
• Can I get an annulment if he changed his mind about having kids?
• Can I get an annulment if we fight all the time?
• Is abandonment grounds for an annulment?
• Is abuse grounds for an annulment?
• Do I qualify if my father had to sign for me to get married?
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Property Issues and Annulment:

• If our marriage is annulled, is he entitled to my settlement?

Issues after an annulment:

• Can I claim my marital status as single if I got an annulment?
• Can I get married before the annulment is finalized?
• Can I get engaged before the annulment is complete?
• 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?
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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.
• What can I do if he won't leave me alone since I left?
• 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?
• Can I file for emergency support if there's a DV order in place?
• 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?
• She won't leave because she's afraid he'll 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 I file a restraining order in the state that I'm living in now?
• Can he get visitation if there's an order of protection against him?
• Can I add my unborn baby to the order of protection against my ex?
• Will I be able to keep temporary custody at our hearing?
• Do I still have custody if the restraining order has expired?
• Am I violating the custody order if I don't give him my address?
• What can I do if he violates the restraining order?
• What happens if he violates the restraining order?
• Should I ask for spousal support at the DVRO hearing?
• 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 alimony without being legally separated?
• Can I get temporary support without a lawyer?
• How long does temporary support last?
• How can I get by until the divorce goes through?
• Can I file for emergency support if there's a DV order in place?
• 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 postpone the divorce instead of withdrawing it?
• Can I ask the judge to postpone the divorce?
• Can I stop him from converting our separation into a divorce?
• We are seeing a counselor, but he won't drop the divorce.
• Can a divorce be stopped if we change our minds?
• Can I do anything if he filed, but we want to stop our divorce?
• 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?
• Can I claim abandonment if I woke up and he was gone?
• 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?
• Should I claim adultery or unreasonable behavior as grounds?
• Is getting an STD after marriage proof of adultery?
• Will proof of adultery affect the outcome of my divorce?
• My husband had an affair. Can I sue the woman?
• Could adultery still be an issue if our divorce was overturned?
• 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 sell some of my own things to pay for the divorce?
• 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?
• Doesn't he have to pay my legal fees if he files for divorce?
• His lawyer won't send me the final papers until he's paid.
• How can I control the cost of divorce?
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 Working With Your Lawyer

• Do I need an attorney to get a divorce?
• Should we use the same attorney?
• Can he use his brother to represent him?
• What can I do if my lawyer was injured and can't continue?
• How can I find out if my lawyer filed the divorce papers?
• How can I find a lawyer that practices in another state?
• 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?
• What can I do if he won't refund the balance of my retainer?
• Can my attorney drop me if I've been paying on time?
• Is a court appearance needed if my lawyer withdraws from my case?
• Would a judge grant the withdrawal this close to the court hearing?
• Can my lawyer refuse to release my file after quitting?
• 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?
• Should my lawyer ask me to write up my own papers for alimony?
• Should I file a complaint because my divorce is taking so long?
• Is it normal to not hear from your lawyer for two months?
• What can I do if my lawyer won't call back?
• How can I get my legal aid lawyer to finish the case?
• What can I do if my free attorney dropped me?
• 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 the court is threatening to dismiss my case?
• What if my lawyer is dragging my divorce out?
• Can he get a delay because he fired his first lawyer?
• What can I do if he keeps changing lawyers to stall the divorce?
• 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 if I can't afford the growing legal fees in my custody battle?
• 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 cost for a mediator compared to an attorney?
• Do I need to file for divorce if I want to go through mediation?
• What is the best way to approach mediation?
• What should I expect from the mediation process?
• 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?
• Can I have the mediation papers voided if he lied?
• 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 does an uncontested 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

• How long do you have to be married before you can get a divorce?
• How do I file for a fast divorce?
• Are there any other steps after you file for a divorce?
• Do I need my spouse's consent to get a divorce?
• Can he contest the divorce after I file?
• Can you get a divorce without notifying your spouse?
• Do I have to include my address on the divorce papers?
• Will it cause a problem if my mail delivery is mixed up when I file?
• Help. I filed for divorce but he wasn't served in the time limit.
• 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 still file for divorce if he destroyed the marriage license?
• 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 for divorce if I don't live in same state as my spouse?
• Does he have to travel to the state the divorce is filed in?
• 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've already filed?
• 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?
• What can I do if I noticed mistakes after I filed for divorce?
• Can a guardian file for divorce on behalf of a disabled person?

How Are Divorce Papers Served

• Do I need to have papers served on him?
• Will I get served papers if he uses an online divorce service?
• How long does it take for papers to be served?
• Help. I filed for divorce but he wasn't served in the time limit.
• Who can serve papers the divorce papers?
• If papers that are legally served, can someone else sign?
• Is it possible to serve documents to his lawyer?
• How can I get his address if I only know his phone number?
• 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?
• How do I get started with the service by publication?
• 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?
• Can I throw him out out after he's served divorce papers?
• What happens after you serve divorce papers?
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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?
• How long do I have to file a response?
• What can I do if I'm running out of time to respond?
• Can I ask the court for more time to prepare?
• How do I withdraw my response and file a new one?
• What happens after I file my response to the divorce petition?
• What happens after he fails to respond to the petition?
• What happens if I don'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

• Where can I find a step by step list showing the divorce process?
• How long do you have to be married before you can get a divorce?
• What kind of divorce should I get if I just want it to be over?
• What is a default divorce?
• Is a default divorce valid in all states?
• 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
• What does it mean if the court says your case has been dismissed?
• Can you get a divorce before reaching settlement?
• 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?
• Do I have to include my address on the divorce papers?
• 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
• How will a prenup affect my chances of getting financial help?
• 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?
• Is an agreement that's not part of the court order enforceable?
• Is a settlement agreement valid if it's not filed with the court?
• We didn't have a settlement agreement and now it's a mess.
• Can you get a divorce before reaching settlement?
• Can we reach a binding financial agreement without lawyers?
• Can I make him sign the settlement agreement?
• Do we have to go to court if we can't reach a settlement?
• 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?
• What if I don't agree to finalize the settlement?
• Can I help my parents change the alimony part of their settlement?
• What happens if I didn't sign the agreement at the final court date?
• 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, Conferences, and Court Dates

• Is a divorce held in a state or federal court?
• Do we have to go to court to settle our divorce?
• Do I have to go to court if I'm not contesting the divorce?
• What does it mean if there's a conference scheduled?
• What should I expect from a case management conference?
• Will he miss the court hearing if he's in jail?
• What if one of us doesn't show up for the court hearing?
• How should I prepare for court if I'm representing myself?
• How can I represent myself in court if I can't speak?
• 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 the signature on the divorce petition isn't mine?
• 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?
• How can I get a copy of an old divorce decree?
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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?
• How do I change my name if the provision wasn't in the decree?
• 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

• Can a custody order be appealed?
• Can he overturn the divorce because of a settlement violation?
• Is a Judgment of Divorce (JOD) a contract or can it be modified?
• Is the divorce invalid if our child's date of birth is incorrect?
• How can we modify our divorce agreement?
• Would a notarized agreement work to modify the divorce?
• 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?
• How do I modify the divorce to match what the judge stated?
• Can a divorce be modified if the property wasn't divided?
• Can the stipulation that my son not be around my boyfriend be removed?
• 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 I can't afford a lawyer to fight the appeal?
• What if he didn't disclose everything during the divorce?
• Can a new trial be granted if he didn't like the outcome of our 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?
• Could he get fired if I take him to court for contempt?
• Is enforcement possible if I took him to small claims court first?
• Can he just decide to stop making payments after all these years?
• 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.