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Divorce Process in Regards to Statute of Limitations
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Topic: Divorce Process in Regards to Statute of Limitations (Read 635 times)
mimi1961
Newbie
Posts: 1
Divorce Process in Regards to Statute of Limitations
«
on:
August 07, 2011, 04:55:22 AM »
I was wondering what happens if someone refuses to sign the settlement agreement & the divorce in Alabama ? How much time goes by before the Judge will grant a divorce by default? And, is there a proper way to write a "refusal to sign letter" including the reason's why?
Thank you.
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CollegeDad
Sr. Member
Posts: 269
Re: Divorce Process in Regards to Statute of Limitations
«
Reply #1 on:
August 09, 2011, 11:36:32 AM »
I'm not sure which path you are on or what role that you are playing but I will take a stab at answering your question.
It sounds like one party in a marriage went out and hired an attorney, filed for divorce, had a divorce decree drafted up, and sent that to the other party to sign. If the receiving party goes ahead and signs that decree, then the whole thing will be sent to a judge and the judge will sign it finalizing the divorce.
If the receiving party does not sign that decree, then a court date will be set and the matter will be decided in court by the judge. If the receiving party does not show up to court, then the initiator or "Plantiff" as they would be know as legally would receive a "default judgement". This means that whatever they wrote in their divorce decree they would receive.
Which party are you? The Plaintiff (or initiator of the divorce) or the Defendant?
The whole process from start to finish, that is from the date a divorce is filed until the date a judge signs a final divorce decree can take as little as 4 months to complete depending on which county this happens in.
There are two kinds of law, civil and criminal. Criminal is when the state prosecutes a private entity for breaking the law. Civil is a matter between two private entities. Divorce falls under civil law. There is no statute of limitations for civil matters. They are usually handled as fast as all parties involved can move.
«
Last Edit: August 09, 2011, 11:43:46 AM by CollegeDad
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