Unless the Judge specifically orders that your wife must appear in person, her lawyer can appear without her. You can request that your wife appear in person for future hearings. You can request an evidentiary hearing which could force her to testify. However, you should consult an attorney before making this request.
A new alimony law takes effect March 31. Under the new law there are 4 different types of alimony. Some of these are available for short.term marriages. However, not everbody will qualify for one of these types of alimony. You should consult an attorney who can discuss the facts of your marriage with you.
You can file for a divorce without her cooperation. You file a contested divorce and serve her. If she fails to appear in court to testify in the divorce, the only testimony wll be yours and the judge will grant a divorce. You may need to file a motion to serve her by a different method than usual because she lives in a different country.
It depends on the circumstances under which the ring was given. As a general rule, the ring is a conditional gift and must be returned if the parties don't get married. However, some people give the engagement ring as both an engagment ring and a gift to mark some event (i.e. birthday, Christmas, Valentines day, etc.). If the ring was a combination gift, then the ring does not have to be returned. She should consult a lawyer who can discuss her specific facts and situation.
Somebody has to testify. If nobody testifies, there is no evidence. If there is no evidence, the Judge can't grant a divorce. You are the Plaintiff. That means that you must present evidence or the case will be dismissed. What the Judge expects is that you will testify. The Judge probably expects the Defendant to testify as well. If neither of you want to testify, you will just have to stay married. If you want the divorce, you must testify.
You need to establish the identity of the real father and include the false father in the proceeding. A typical way this is done is by suing the real father for paternity and also including notice to the false father. If the real father is willing to agree to this, you can file an action in court with the written agreement of all 3 parties.
If a judgment merges into the divorce decree, that means that it is swallowed up by the divorce decree and can be modified if there are changed circumstances. If the agreement does not merge, then it is part of the divorce decree and also an independent contract that can be enforced separately. In common language, the terms of the divorce can't be changed in the future.
No, you cannot remove the case from District Court to Probate Court. However, if a case is scheduled in Probate Court (divorce, custody, paternity, etc.) then the Probate Court Judge has the ability to make orders on the District Court case. This usually happens when the probate court judge makes orders of custody or visitation that differ from the restraining order.
Both the judge and the probation officer make a decision on proceeding with a surrender hearing. The probation officer must decide if you violated the terms of probation and if the matter should proceed in the form of a surrender hearing. The probation officer initiates the surrender and becomes the prosecutor in the case. The hearing is held before a judge who will make the final decisions about whether you violated the terms of probation and, if you did, what punishment shall be given to...