how to find out if spouse has lawyer in divorce case

If you know your spouse has retained an attorney, you can contact him and ask if a divorce has been filed. However, the attorney has a duty of confidentiality to his client and is under no obligation to give you any information. If the answer is "no" or evasive, keep searching in order to verify whether a divorce has been filed.

Full Answer

How do I find out if my spouse has filed for divorce?

To find out if your divorce has been filed, contact your spouse’s local courthouse and ask if they have filed for divorce. If your spouse has an attorney, you can also contact them for information. However, keep in mind that they might not share information with you if your spouse doesn’t want them to.

What if my spouse has a divorce lawyer and I don't?

What if My Spouse Has a Divorce Lawyer and I Don't? Divorce is scary enough without your spouse’s lawyer intimidating you in court. Yet, some people choose to represent themselves in a divorce even when a spouse has hired a lawyer. You don’t need to hire an attorney simply because your spouse has one.

Did my spouse file for divorce?

If family law is included, then you guessed it, your spouse probably filed for divorce, or at least is thinking about it. To wrap it up, you may have noticed that I never definitively say that your spouse has filed for divorce. The reason why is because until you are served with divorce papers, you probably won’t know for sure with 100% certainty.

Will my spouse know if I have done a search?

It does no good if your spouse is made aware of any ongoing or completed investigation. At Docusearch, our searches are completely passive, meaning not even the bank is aware that a search has been undertaken.

How do you play dirty in a divorce?

Top 10 Dirtiest Divorce TricksServing Papers with the Intent to Embarrass. You're angry with your spouse, and you want to humiliate him or her. ... Taking Everything. ... Canceling Credit Cards. ... Clearing Our Your Bank Accounts. ... Starving Out the Other Spouse. ... Refusing to Cooperate. ... Jeopardizing Employment. ... Meddling in an Affair.More items...•

Does your divorce lawyer have to be local?

Local attorneys have connections A local attorney is the best choice because they will give you great legal advice for this particular jurisdiction and court system with direct knowledge of local laws and customs.

Can I divorce my husband without him knowing?

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.

What happens if spouse does not respond to divorce papers in India?

State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can't be located for service. The court will set a hearing date and ask that you appear.

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

How does mediation work in divorce?

Divorce mediation involves a neutral third party, someone who can act as a mediator as you both find mutually-beneficial solutions for your issues. The objective is to make your divorce as amicable and as cost-effective as possible.

Can my wife divorce me without my consent?

You Do Not Need Your Spouse's Consent to Obtain a Divorce You have the right to file for divorce in a court that has jurisdiction over your marriage, serve your spouse with the divorce papers, and seek a divorce with or without their permission or participation.

What if husband Denies divorce?

if your husband is deny the divorce and he is not come in the court and he refused the divorce to him then you have to lodge a complaint against your husband for maintenance.. and. complaint in the police station for under section 498 a ? and pressure to your husband for divorce.

Can you divorce without the other person signing?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

What is the minimum time to get divorce in India?

within six monthsHow much time does it take? Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

Can court Force husband to stay with wife?

Under no law the court can compel or force a husband to take back his wife. No court can force co- habitation between a couple. If in the mediation proceedings it is even suggested to the husband to take back his wife he can refuse.

How long does a divorce take if one party doesn't agree in India?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

John Arnold Steakley

You can't until the case is filed; after that point, you'll be able to check via the court.

Eric A. von Hacke

Bullies usually lie, so probably not, and if he has a good one he was warned not to threaten that way anyway. But that isn't the question you should be asking. Why are you listening to him instead of getting your own lawyer to protect you and your children? Your lawyer will quickly know if he does or doesn' t have one.

Glen Edward Ashman

Hire your own lawyer, file for divorce and if your husband has a lawyer they will respond. That's the only sure way.

What happens when you go to court?

When you go to court, your lawyer will generally do most of the talking on your behalf. Unless the judge asks you a direct question, you probably won’t say much at all. However, your ex will be expected to speak for him- or herself.

Can my ex talk to my attorney?

Your ex cannot talk to your attorney for advice. Your lawyer and your ex can pass on information to each other, because your ex has no one to speak on his or her behalf, but that’s the legal extent of their communication with each other.

Is self representation necessary in divorce?

The Downside of Self-Representation During Divorce. While divorce seems like a straightforward process, that’s not always the case. In fact, there usually are back-and-forth documents that often need to be filed with the appropriate clerks within certain timeframes.

Can a friend give anecdotes about divorce?

Well-meaning friends and family might be able to provide personal anecdotes about their own child custody , property division and other divorce experiences, but every case has its own nuances; what works for one person won’t work for another, even if the situation is similar.

Where do you file for divorce in Arizona?

In Arizona, all divorces have to be filed in Superior Court. All Superior Courts are divided up by county. So, if your spouse filed, then most likely he/she filed in the Superior Court in the county where you both live. If you were already physically separated, then you’ll probably want to look at the Superior Court docket in both the county where you live and where your spouse lives (if different). For those that live on the border of two counties, it can be common for the parties to file in the adjacent county, so you might need to search the neighboring county as well. For example, a lot of people who live in south Queen Creek will still file in Maricopa County, even though they technically live in Pinal County.

What happens if you see a charge for the clerk of the Superior Court?

If you see a recent charge that is for the “Clerk of the Superior Court” and/or for the exact amount of the divorce filing fee in the county where you and your spouse live, then it’s very likely that your spouse filed for divorce.

Does my spouse file for divorce?

To wrap it up, you may have noticed that I never definitively say that your spouse has filed for divorce. The reason why is because until you are served with divorce papers, you probably won’t know for sure with 100% certainty.

Is divorce important in Arizona?

Similarly, the date you get served with divorce papers is legally significant (at least in Arizona).

Can you change your plans for divorce?

You may want to change current plans if you know a divorce is imminent. A divorce is a life-changing event (for better or worse), which is really a process that takes months, or more. So, you might not want to follow through with certain plans if a divorce is on the horizon, such as a big family vacation, starting a new business, changing jobs, etc.

Do you have to pay the clerk of court for divorce?

Unless your spouse filed to defer the filing fee (which is based on financial needs), he/she would have paid the Clerk of the Court a filing fee when the divorce was filed. Each county has its own filing fee amount.

How to know if my spouse is divorced?

1. Contact your spouse's attorney. If you know your spouse has retained an attorney, you can contact him and ask if a divorce has been filed. However, the attorney has a duty of confidentiality to his client and is under no obligation to give you any information.

What to do if you discover a divorce has been granted?

If you discover that a divorce has been granted, you need to get copies of the documents and decree as soon as possible and read them thoroughly. If you agree with the divorce, or don't care, you can let it stand, even if your former spouse lied to get the divorce.

What happens if you are separated without contact?

If you have been separated with little or no contact for at least a year, there is a chance your spouse may have completed a divorce without your knowledge. She may have lied about not knowing your location and the court granted the divorce by default when you failed to respond.

How long can a divorce be filed?

Typically, divorce can only be filed in states where one party has lived for at least six months and the county were one party has lived from one to three months. The first county on the list will be where you live. The next, if you are separated, is where your spouse lives.

What happens when a marriage goes wrong?

When a marriage goes wrong, a common threat you may hear is, "I've filed for divorce and am taking everything!". Another scenario is that you've heard rumors that your estranged spouse is dating or has remarried, which is a surprise because you didn 't know you were divorced . Most often, it is a nagging suspicion that something is wrong.

How long does it take to get a summons for divorce?

If you receive a Summons, you must respond by the date on the document, usually 20 days after receipt. Thanks!

What to do if your spouse disappeared?

Your goal is to narrow your initial search as much as possible. Divorce is an action of state law. As a result, there is no national compilation of divorce records.

How to check if my wife filed for divorce?

These days, most states have an online database. If not, you might need to head to the courthouse and have a clerk search through recent filings. And that assumes you live in the area where the paperwork was filed.

Do you have to serve your spouse divorce papers?

It’s a step in the process that must happen. But if you suspect that your ex filed for divorce, but haven’t been served yet, there are ways to check.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

What are some secrets that a divorce lawyer may not want to share with you?

Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

What is the number to call for divorce investigation?

Call us at 800-474-5350 for further information.

How many people hide money from their spouse?

A recent CNBC report said that a whopping 7.2 million Americans are hiding money from their spouse. In other words, 26% of married people have a secret stash of valuable assets!

Can you split your assets evenly when you get divorced?

Unless you signed a prenuptial agreement that states otherwise, all of your shared assets are supposed to be split evenly when you get divorced . In many cases, people start hiding money because they know it’s only a matter of time before their divorce is officially filed.

Can a divorce lawyer search for assets?

As smart as your divorce lawyer may be, he can’t search for all of the assets that your spouse may be hiding. And, yes, conducting bank and brokerage account searches are completely legal, provided that all applicable laws are followed, including the Gramm-Leach-Bliley-Act.

Do you get a tax refund after divorce?

For example, some spouses will delay commission payments or bonuses at work so that the money doesn’t count as part of their income until after the divorce is final. Some spouses even go so far as to pay extra money to the IRS — meaning that they’ll get a tax refund, but not until the divorce is over.

Do private investigators charge an arm and a leg?

The best investigators don’t charge an arm and a leg for their services. Here at Docusearch, there’s a flat charge to begin a hidden assets search.