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Can my brother divorce his wife if she won't accept the papers?

Can my brother divorce his wife if she won't accept the papers?

Q: What evidence do you need for verbal abuse?

Evidence for verbal abuse can include written communications like texts or emails, audio or video recordings, and witness testimonies. Documentation of incidents, such as dates and descriptions of the abusive behavior, can also support your case. The more concrete evidence you have, the stronger your position will be in court.

Q: Does verbal abuse hold up in court?

Yes, verbal abuse can hold up in court, especially if supported by evidence. Courts take allegations of abuse seriously, as they can affect custody and visitation rights. However, the impact of verbal abuse may vary based on the specifics of the case and the evidence presented.

Q: Can you lose custody for verbal abuse?

Yes, verbal abuse can lead to the loss of custody if it is proven to negatively impact the child's well-being. Courts prioritize the child's best interests, and any form of abuse, including verbal, can influence custody arrangements. It's essential to document any incidents to support your case.

Full question:

My brother wants to file for a divorce from his wife. They were married for about 3 years and have 2 young children. She is a meth abuser and very abusive mentally. She is refusing to sign anything. My brother has tried to have her served w/the divorce papers but she refuses to answer the door and accept them. If she will not sign the papers, then is it true that she can stop the divorce? Meanwhile, she is living in their house, refuses to get a job, while my brother and their children are living with my parents. He doesnt want to lose his house so he keeps paying the mortgage and all utilites. She doesnt contribute anything. Can he kick her out? If not,then can he just stop paying the utilities without getting in trouble? Its really getting to be a financial burden on him and my parents. She has failed all her drug tests order by the court, they were all 'diluted' & she confessed to a friend that she is still using drugs.

Category: Divorce
Date: 04/07/2025
State: National

Answer:

If your brother's wife refuses to accept the divorce papers, he may pursue alternative service methods, such as service by publication. Each court has different rules for this, so he should contact the clerk of courts for guidance. If she does not respond, he might be able to obtain a default divorce decree. However, he cannot remove her from the marital home without a court order or a restraining order. As for the utilities, stopping payments could lead to legal trouble, so he should consult a lawyer before making that decision. It's important to document her drug use and abusive behavior, as this may impact custody and other legal matters.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to prove verbal abuse in custody case?

To prove verbal abuse in a custody case, gather evidence such as recordings of abusive conversations, text messages, or emails that demonstrate the abusive behavior. Witness statements from friends or family who have witnessed the abuse can also be valuable. Document any incidents in a journal, noting dates and details. This evidence can help establish a pattern of behavior that may impact custody decisions.

What evidence do you need for verbal abuse?

Does verbal abuse hold up in court?

How do you prove substance abuse?

Proving substance abuse typically involves presenting evidence such as failed drug tests, witness testimony, and documentation of treatment programs or rehabilitation attempts. Records from healthcare providers or court-ordered evaluations can also be significant. Consistent evidence is crucial to establish a pattern of substance abuse.

Can you lose custody for verbal abuse?

How does drug use affect child custody?

Drug use can significantly affect child custody decisions. Courts may view substance abuse as a risk to the child's safety and well-being. Evidence of drug use, such as failed tests or police reports, can lead to reduced custody rights or supervised visitation. Each case is evaluated individually, considering the child's best interests.