Legally separated since nov. 2008 - agreement clearly stated we would reside together under the condition that spouse remain compliant with mental health treatment and free of drugs and alcohol. If not he would be required to leave the residence..we lived together until oct. 2010 - he violated agreement - and has been incarcerated since - should i be able to convert since we have not resided together since oct. 2010? does he need to appear?
Divorce / Separation Lawyer
Converting to a divorce doesnt need him violating the terms, you simply have to request one. He needs to be served but doesnt have to appear. However the real issue is whether the court determines the previous agreement is to be tossed out as no longer fair and a whole new divorce process must begin from scratch. As he is hospitalized you should seek out counsel to guide you.
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